United States v. Nicholson

(concurring in part and dissenting in part) :

I concur in part and dissent in part.

I concur generally with my associates in their development and disposition of the first issue but reach a contrary result on the second question. Accordingly, my opinion will be limited to a discussion of the latter point.

First, I call attention to the fact that the question involved, as phrased by appellate defense counsel and granted by this Court, was worded as follows:

“Whether the accused was materially prejudiced: By the fact that while the court was deliberating on sentence the president consulted with the…