United States v. O'Callahan

Opinion of the Court

Quinn, Chief Judge:

This is an application for relief in the nature of coram nobis. See United States v Frischholz, 16 USCMA 150, 153, 36 CMR 306. The accused seeks to set aside a 1956 conviction for assault with intent to commit rape and other offenses, in violation of the Uniform Code of Military Justice. He contends he was deprived of due process of law by the admission in evidence of deposition testimony detrimental to him. The contention rests upon United States v Jacoby, 11 USCMA 428, 29 CMR 244, which was decided more than three years after this Court denied his…