United States v. Jester

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The accused was convicted by general court-martial in Korea of wilful disobedience of a non-commissioned officer and was sentenced to dishonorable discharge and confinement and forfeitures for five years. The convening authority approved the findings and sentence, suspending the dishonorable discharge until release from confinement or completion of appellate review, but the board of review reversed. The board held that prejudicial error occurred when the law officer conferred with the court outside the presence of accused and his counsel. The…