United States v. Miles

(concurring in part and dissenting in part) :

I concur in part and dissent in part.

In my opinion, the evidence adduced by the accused in mitigation and extenuation is completely inconsistent with his plea of guilty to the Additional Charges of housebreaking and wrongful appropriation. As Uniform Code of Military Justice, Article 45, 10 USC § 845, requires entry of a plea of not guilty if an accused “after a plea of guilty sets up matter inconsistent with the plea,” I must disagree with my brothers’ conclusion that the conviction may be affirmed simply because his formal judicial confession was…