United States v. Matthews

Opinion of the Court

EVERETT, Chief Judge:

This is a capital case — the first to reach our Court in many years.1 Having re*359viewed the record pursuant to Article 67(b)(1), Uniform Code of Military Justice, 10 U.S.C. § 867(b)(1), we conclude that no prejudicial error was committed which affects the findings. However, under present circumstances, the death sentence cannot be imposed, but we authorize a rehearing where the death sentence may be imposed if certain conditions are met.

I

Statement of Facts

On March 2,1979, charges were preferred against appellant for the premeditated murder and rape of…