United States v. Credit

Opinion of the Court

FLETCHER, Chief Judge:

Appellant, tried by a general court-martial, was convicted of rape1 contrary to his pleas; his approved and affirmed sentence included a dishonorable discharge, confinement for 3 years, total forfeitures and reduction to the lowest pay grade.

Our grant of review in this case was framed in two issues:

I

WHETHER THE MILITARY JUDGE ERRED PREJUDICIALLY BY DENYING THE DEFENSE REQUEST FOR SUBPOENA OR DEPOSING OF SEVERAL WITNESSES WHO WERE MATERIAL AND NECESSARY TO THE DEFENSE OF THE CASE.

*119II.

WHETHER THE RECORD OF TRIAL WAS AUTHENTICATED BY A PERSON WHO WAS…