United States v. Oliver

I dissent.

In United States v Baca, 14 USCMA 76, 33 CMR 288, I joined with my brothers in affirming the conviction of an accused who pleaded not guilty but who was tried jointly with a co-accused who pleaded guilty. I did so, as the “theory of the prosecution and defense, and the preciseness of the instructions,” compelled the conclusion that the plea of guilty “did not prejudice the court-martial against the accused in its deliberations on his guilt or innocence.” United States v Baca, supra, at page 79. The Baca decision, however, clearly establishes that it is error to try such a case…