United States v. Afflick

Opinion of the Court

FERGUSON, Judge:

While this accused was convicted, in Charge III, of six specifications (2 through 7) involving the use, possession, and transfer of marihuana and opium, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934, we are concerned in this appeal Only with specification 6 alleging that he used marihuana on April 16, 1967.1

The only direct evidence of this particular offense, adduced by the' Government, was Contained in a pretrial statement of the accused which was admitted into evidence. In his statement, the accused related that he obtained a…