United States v. Howard

Opinion of the Court

DARDEN, Judge:

In this case the Court’s concern is with whether the appellant was improperly denied a right of cross-examination when the convening authority and the military judge denied his request that a doctor be returned from a hospital ship in the Western Pacific to be subjected to cross-examination.

A general court-martial at the United States Naval Station, Treasure Island, San Francisco, California, tried the appellant for desertion and for disobedience of a superior officer. He pleaded not guilty. The court found him not guilty of desertion but guilty of the lesser…