United States v. Drain

Opinion of the Court

Paul W. BROSMán, Judge:

This case is before us on petition of the accused, Drain. It has to do with the admissibility in evidence at a trial by general court-martial of a deposition, in the taking of which neither the Government nor the accused was represented by counsel certified in accordance with the Uniform Code of Military Justice, Article 27(b) (2), 50 USC § 591.

The accused was tried by a general court-martial convened at Wolters Air Force Base, Texas, and — together with one Dooley — was found guilty of assaulting an airman named Jones with intent to influence his…