United States v. Wilson

Opinion of the Court

Homer Ferguson, Judge:

We are again faced with a difficult problem relating to the inclusion of matters in the post-trial review derived *224from sources outside the record of trial. Our most recent pronouncement in this area of military law is found in the case of United States v Martin, 9 USCMA 84, 25 CMR 346. An understanding of the principles involved in that case will high-light the particular issue confronting us here.

In the Martin case, supra, the accused had, prior to trial, subjected himself to two lie detector examinations. The results of one of the tests was…