United States v. Ward

I dissent.

I regret to see my brothers adopt the position which they take in this case, for I believe it entirely overlooks the basic legal proposition involved; construes the evidence in the transcript too strictly; and resolves the problems presented on the basis of a theory clearly erected by the Government on appeal in defiance of the uncontradicted testimony of its own witness.

Thus, it is declared that there was no duty to advise the accused of his . rights under Uniform Code of Military Justice, Article 31, 10 USC § 831, because he did not commit the offense . charged in specification 1…