United States v. Gaiter

OPINION OF THE COURT

Fletcher, Chief Judge:

Contrary to his pleas, the appellant stands convicted of robbery and of communicating a threat to injure the victim of the robbery. We granted review on the single question:

WHETHER THE MILITARY JUDGE’S INSTRUCTION ON EVIDENCE OF MISCONDUCT NOT CHARGED VIOLATES THE PROVISIONS OF PARAGRAPH 73(c), MANUAL FOR COURTS-MARTIAL, UNITED STATES, 1969 (REV.), IS INACCURATE, ERRONEOUS AND HIGHLY PREJUDICIAL.

The Government’s case consisted of the testimony of four witnesses. McD-aniels, the alleged victim, testified that a couple of weeks before the incident, the…