Legal Opinion · Dissent

United States v. Cummins

United States Court of Military Appeals

Decided October 3, 1958No. 10,991Published

1DissentFerguson, Judge

I disagree with the holding on the policy argument by trial counsel and with the refusal to remand this case to the board of review on sentence. Also, I have given careful consideration to the authorities cited on the postdated check issue. That holding appears so foreign to well-established principles of law that I must dissent. The issue, as granted by the Court, was phrased as follows:

“Whether evidence that the check in Specification 1 of Charge I was post dated is sufficient to support the finding of guilty.”

This fairly raises the question of sufficiency of the evidence. I interpret the…

2Cases cited14 opinions

  1. People v. AshleyCalifornia Supreme Court · 1954
  2. Jackson v. TaylorSupreme Court of the United States · 1957
  3. United States v. KeithUnited States Court of Military Appeals · 1952
  4. Commonwealth v. AlthauseMassachusetts Supreme Judicial Court · 1910
  5. United States v. BuckUnited States Court of Military Appeals · 1953

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