United States v. Souder

Opinion of the Court

HomeR FeRguson, Judge:

Tried by special court-martial, the accused was found guilty of larceny of two accordions, in violation of Uniform Code of Military Justice, Article 121, 10 USC § 921, and sentenced to bad-conduct discharge, partial forfeitures, reduction in grade, and confinement at hard labor for six months. With some reduction in sentence, intermediate appellate authorities affirmed, and we granted review on the issue of whether accused was prejudiced by receipt in evidence of incriminating statements made by him to a Lieutenant (jg) Gallagher.

Two accordions were…