United States v. Norton

Opinion of the Court

Duncan, Judge:

When the case we now review was before the Court of Military Review certain opinions of psychiatrists were before that court, which opinions were not in evidence at trial. That court decided that pursuant to the Manual for Courts-Martial, United States, 1969 (Revised edition), paragraph 124,1 relief to the appellant in the form of dismissal of the charges or ordering a rehearing was unwarranted. We reverse.

Nature of the Offense.

On October 5, 1966, appellant Norton and Privates Wallace and Marchant rode together to Tacoma, Washington. Later that evening,…