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Legal Opinion

United States v. Hernandez

United States Court of Military Appeals

Decided December 24, 1970No. 22,898PublishedCited by 12 opinions

1Opinion of the Court

Opinion of the Court

Darden, Judge:

A general court-martial at Ching Chuan Kang Air Base, Taiwan, found the appellant guilty of one specification of aggravated assault and one specification of assault with intent to commit rape. The court sentenced him to a bad-conduct discharge. The findings and the sentence were unchanged during earlier appellate review.

The first of two issues on which the Court granted review was whether the *220military judge’s instructions on mental responsibility were prejudicially deficient.

At the trial the appellant testified that he had no recollection between the time of…

2Cases cited10 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. WilsonUnited States Court of Military Appeals · 1953
  3. People v. CumminsMichigan Supreme Court · 1882
  4. United States v. OlveraUnited States Court of Military Appeals · 1954
  5. United States v. LewisUnited States Court of Military Appeals · 1963

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. United States v. TriplettUnited States Court of Military Appeals · 1972
  2. United States v. ThomsonUnited States Court of Military Appeals · 1977
  3. United States v. HenslerCourt of Appeals for the Armed Forces · 1996
  4. United States v. FoleyU.S. Navy-Marine Corps Court of Military Review · 1981
  5. United States v. Santiago-VargasUnited States Court of Military Appeals · 1978

7 more not listed; retrieve them via the Exa API.

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