United States v. Gillette

Opinion of the Court

COX, Judge:

We have been asked to determine whether the military judge erred to the substantial prejudice of an accused by refusing to rule that two prosecution witnesses were accomplices as a matter of law. After consideration of the record of trial, appellate briefs, and oral argument1, we hold *469that he did not. Art. 59(a), Uniform Code of Military Justice, 10 USC § 859(a).

At appellant’s contested court-martial2, three civilian witnesses, Mr. C, Ms. R, and Ms. H, testified under grants of immunity that they had either used cocaine with appellant or observed him use it.3

The…