United States V. Tobita

Opinion of the Court

Paul W. BROSMAN, Judge:

On common trial with one Parker— petitioner in No. 731 — the accused, Tobita, was convicted by a general court-martial convened at Ascom City, Korea, of the rape of a Korean girl, in violation of Article of War 92, 10 USC § 1564.1 The conviction was affirmed by intermediate reviewing authorities, and this Court has granted accused’s petition for further review to consider the matters dealt with hereafter.

II

On oral argument, it appeared for the first time that there existed a discrepancy in an important particular between the original record of trial…