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Legal Opinion

United States v. Gaines

United States Court of Military Appeals

Decided May 14, 1971No. 23,570PublishedCited by 13 opinions

1Opinion of the Court

Opinion of the Court

FERGUSON, Senior Judge:

The charged offenses of unpremeditated murder and assault with a dangerous weapon whereby grievous bodily harm was intentionally inflicted, in violation of Articles 118 and 128, Uniform Code of Military Justice, 10 USC §§ 918 and 928, respectively, allegedly occurred in a barracks at Cam Ranh Bay, Republic of Vietnam, on June 28, 1969.1 The admission into evidence of the depositions of prosecution witness McIntyre and defense witness Odom serve as the basis for the issues before us.

Appellate defense counsel contend that the accused was prejudiced by…

2Cases cited10 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. Blackmer v. United StatesSupreme Court of the United States · 1932
  3. United States v. TellierUnited States Court of Military Appeals · 1962
  4. United States v. ThorntonUnited States Court of Military Appeals · 1957
  5. United States v. DonatiUnited States Court of Military Appeals · 1963

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3Cited by13 opinions

  1. United States v. LedbetterUnited States Court of Military Appeals · 1976
  2. United States v. McGrathUnited States Court of Military Appeals · 1994
  3. United States v. KinardUnited States Court of Military Appeals · 1972
  4. Dunlap v. Convening AuthorityUnited States Court of Military Appeals · 1974
  5. United States v. WashingtonCourt of Appeals for the Armed Forces · 1997

8 more not listed; retrieve them via the Exa API.

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