United States v. Cuthbert

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The board of review reversed the accused’s conviction1 of two specifications of tampering with the United States mail, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934, on the ground that evidence was admitted at the trial in violation of Article 31 of the Uniform Code, 10 USC § 831. The Judge Advocate General of the Army certified the case to this Court for review of the following questions:

1. Under the facts of this case, was the accused’s commanding officer required to warn the accused pursuant to Article 31,…