United States v. Draper

Opinion of the Court

Robert E. Quinn, Chief Judge:

Review was granted on two issues. One has since been settled adversely to the accused by United States v Simpson, 10 USCMA 543, 28 CMR 109. The remaining question relates to the effect of the following statement in the post-trial review:

“ . . . The accused always has the right to remain silent and no inference of guilt shall be taken as a result thereof. Nevertheless, when the evidence contains no explanation with respect to incriminating facts and circumstances tending to connect the accused with the crime, the court may be justified in…