United States v. Frye

I dissent.

The board of review, in concluding that the accused was prejudiced by the refusal of the law officer to grant the continuance, said:

“In our view, defense counsel was not given sufficient time to perfect his defense. In his own words, he emphasized that accused’s mental responsibility either total or partial was the central theme of the defense. Moreover, he was not prepared for trial on that issue. Furthermore, defense’s theory of the case was never made an issue at trial.” [Emphasis supplied.]

Before this Court the Government advanced the contention that the board of review erred in…