United States v. Mason

The Judge Advocate General of the Air Force certified the following question for our consideration:

WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY CONSIDERING EVIDENCE FROM OUTSIDE THE RECORD OF TRIAL IN DETERMINING FACTUAL SUFFICIENCY, CONTRARY TO ARTICLE 66(C), UCMJ, AND UNITED STATES V. BETHEA 22 USCMA 223, 46 CMR 223 (1973).

We answer the question in the negative and affirm.*

A Court of Criminal Appeals is vested with powers unique to an appellate court. According to Article 66(c), Uniform Code of Military Justice, 10 USC § 866(e):

In a ease referred to it, the Court of Criminal…