United States v. Mathis

(concurring in part and dissenting in part) :

My views as to the instruction on credibility of witnesses are set out in my dissent in United States v Schoenberg, 17 USCMA 145, 37 CMR 409. I adhere to them; and disagree with the majority’s conclusion that in the circumstances of this case they were prejudicial.

I also disagree with the majority as to the omission of an instruction on good character. The killing was conceded. In his own testimony, the accused .admitted he repeatedly stabbed the victim with a knife; he admitted he went approximately ninety feet to get a rock, which he used to…