United States v. Keyes

Opinion of the Court

HomeR Ferguson, Judge:

Review was granted in this case to consider whether the accused was prejudiced by reason of the law officer’s references to paragraph 76a of the Manual for Courts-Martial, United States, 1951, on the question of sentence. Although the accused was tried before the date established in United States v Rinehart, 8 USCMA 402, 24 CMR 212, when the use of the Manual by court members was to be completely discontinued, we believe the references under the circumstances of the instant case constitute prejudicial error requiring a new sentence determination by a…