United States v. Clark

DECISION

HODGSON, Chief Judge:

A general court-martial, consisting of members, convicted the accused of committing an indecent act on a female under 16 *979years of age, a violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.1 He was sentenced to a dishonorable discharge, three years confinement at hard labor, and forfeiture of all pay and allowances.

The issue before the court is whether a witness may give his opinion as to the truthfulness of an accused’s out-of-court statement. In this case, the witness, purporting to interpret the accused’s “body language” concluded that…