United States v. Cobb

OPINION OF THE COURT

FULTON, Senior Judge:

The question to be resolved in this case is whether, when the appellant testified under oath in extenuation and mitigation, it was improper for the military judge to permit the trial counsel to impeach appellant’s credibility by showing that he had been convicted of burglary in a civilian court even though the defense made no objection to the evidence.

On trial before a military judge sitting as a special court-martial, appellant pleaded guilty to charges of wrongfully possessing and selling marihuana at Fort Benning on 18 May 1979 and absenting himself…