United States v. Prince

DECISION

Despite a plea of not guilty the appellant was found guilty by military judge, sitting alone, of a specification of the wrongful use of cocaine. He claims on appeal that *644he was prejudiced by a ruling which erroneously excluded relevant defense evidence. We agree, and we reverse.

Testing of a sample of the appellant's urine revealed the presence of the metabolite for cocaine. The appellant denied that he had knowingly used cocaine. He testified that he had learned shortly before trial that his wife had surreptitiously slipped cocaine powder into a mixed drink she prepared for him. He…