Legal Opinion · Dissent

United States v. DeBell

United States Court of Military Appeals

Decided December 4, 1959No. 13,087Published

1DissentFerguson, Judge

(dissenting) :

I dissent.

By their affirmance of this case, my brothers place the stamp of judicial approval upon a deliberate invasion by the trial counsel of the accused’s constitutional privilege against self-incrim'ination, and render ineffectual the command of military law that the accused is at his own request, but not ■otherwise, a competent witness.

Tried by general court-martial, Sergeant DeBell was found guilty of larceny by check, in violation of Uniform Code of Military Justice, Article 121, 10 USC § 921, and numerous specifications of uttering worthless checks, in violation of Code,…

2Cases cited12 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Wilson v. United StatesSupreme Court of the United States · 1911
  3. Himmelfarb v. United StatesCourt of Appeals for the Ninth Circuit · 1949
  4. United States v. NowlingUnited States Court of Military Appeals · 1958
  5. Gridley v. United StatesCourt of Appeals for the Sixth Circuit · 1930

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