United States v. Harvey

Opinion of the Court

HomeR FeRGUSON, Judge:

We granted review in this case to consider certain rulings by the law officer relating to procedural and eviden-tiary matters. The accused stands convicted of having assaulted one *541Rudolph Ryan by shooting him in the arm with a pistol, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. The facts developed at trial briefly stated are these: On the evening of November 18, 1956, the accused went to a service station, operated by Ryan in Austin, Texas. It appears that there had been previous business dealings between Ryan and the…