Legal Opinion · Concurring in part, dissenting in part

United States v. LaRue

United States Court of Military Appeals

Decided May 13, 1960No. 13,691Published

1Concurring in part, dissenting in partFerguson, Judge

(concurring in part and dissenting in part) :

I concur in part and dissent in part.

While I agree with Judge Latimer that this cause must be reversed because of the prejudicial receipt of hearsay evidence, I have some reservations concerning the argument that the fingerprint evidence was merely cumulative. There is in my mind a substantial question whether an expert comparison of fingerprints can, except by stipulation of the parties, be competently established by introduction of a “Certificate” executed by The Adjutant General. Cf. United States v White, 3 USCMA 666, 14 CMR 84. Compare United…

2Cases cited8 opinions

  1. In Re GrimleySupreme Court of the United States · 1890
  2. United States v. JacobyUnited States Court of Military Appeals · 1960
  3. United States v. BlantonUnited States Court of Military Appeals · 1957
  4. United States v. JenkinsUnited States Court of Military Appeals · 1956
  5. United States v. WhiteUnited States Court of Military Appeals · 1954

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