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Legal Opinion

United States v. Linder

United States Court of Military Appeals

Decided February 17, 1956No. 7182PublishedCited by 24 opinions

1Opinion of the Court

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

This case demonstrates the danger of permitting a court-martial to deliberate on a matter submitted to it for decision without complete instructions from the law officer. After the court had returned a finding of guilty of larceny of Government property, it heard considerable evidence in mitigation. The law officer then instructed the court on the maximum punishment for the offense found. The court was further instructed that if it had “any questions” it should reopen and request the advice of the law officer.

On receiving its instructions, the…

2Cases cited13 opinions

  1. United States v. StrandUnited States Court of Military Appeals · 1955
  2. United States v. WaltersUnited States Court of Military Appeals · 1954
  3. United States v. KeithUnited States Court of Military Appeals · 1952
  4. United States v. AllbeeUnited States Court of Military Appeals · 1955
  5. United States v. CrusoeUnited States Court of Military Appeals · 1954

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3Cited by24 opinions

  1. United States v. WheelerUnited States Court of Military Appeals · 1967
  2. United States v. HounshellUnited States Court of Military Appeals · 1956
  3. United States v. SamuelsUnited States Court of Military Appeals · 1959
  4. United States v. JohnsonUnited States Court of Military Appeals · 1964
  5. United States v. VarnadoreUnited States Court of Military Appeals · 1958

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