United States v. Barben

Opinion of the Court

The accused originally pleaded guilty to a charge of wrongful appropriation, in violation of Uniform Code of Military Justice, Article 121, 10 USC § 921. While testifying in mitigation and extenuation, he made statements inconsistent with that plea, and the law officer set it aside, declaring a mistrial to which the defense agreed.

Thereafter, accused was arraigned upon the same charge and specification before another court-martial and pleaded not guilty. After the prosecution had offered its evidence and rested, accused elected to testify in his own defense. On…