United States v. Elliott

Opinion of the Court

HomER FERGUSON, Judge:

This case exemplifies the abuses this Court sought so assiduously to curtail in United States v Rinehart, 8 USCMA 402, 24 CMR 212. One of the several reasons oifered in that ease why court members must be denied access during trial to the Manual for Courts-Martial, United States, 1951, was that “many of the passages contained therein have been either expressly or impliedly invalidated by decisions of this Court,” and the members being untrained in the law have no Way of distinguishing the valid from the invalid, the material from the immaterial, and…