United States v. Kilbourne

DECISION

KASTL, Senior Judge,

The knotty crime of conspiracy — and what admissible matter is sufficient to prove it — is before us today. We find that *733the trial judge erred by treating an offer of proof as evidence over defense objection. The offer of proof came from Captain W, a defense lawyer at an earlier court-martial; it purported to reveal the appellant’s conspiratorial statements.

Airman Basic Kilbourne, the appellant, was convicted by a general court-martial with members of wrongful use and distribution of lysergic acid diethylamide (LSD) and conspiracy to commit the offense of perjury,…