Legal Opinion

United States v. Gewin

United States Court of Military Appeals

Decided October 25, 1963No. 16,874PublishedCited by 18 opinions

1Opinion of the Court

Opinion of the Court

Quinn, Chief Judge:

Appellant was convicted of failing to obey an order not to drink alcoholic beverages on duty and with being drunk on duty, in violation of Articles 92 and 112, Uniform Code of Military Justice, 10 USC §§ 892 and 912, respectively. He was sentenced to dismissal.1

The board of review held it was error to admit into evidence, over defense counsel’s objection, testimony by accused’s unit commander that he had, previous to the offense in issue, counseled the accused “on alleged or reported prior indulgence in alcohol while on duty.” We agree with the board of…

2Cases cited7 opinions

  1. United States v. FowleUnited States Court of Military Appeals · 1956
  2. United States v. FarleyUnited States Court of Military Appeals · 1960
  3. United States v. PavoniUnited States Court of Military Appeals · 1955
  4. United States v. KrokroskiaUnited States Court of Military Appeals · 1962
  5. United States v. LaCountUnited States Court of Military Appeals · 1962

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3Cited by18 opinions

  1. United States v. WorleyUnited States Court of Military Appeals · 1970
  2. United States v. KirbyUnited States Court of Military Appeals · 1967
  3. United States v. VogelUnited States Court of Military Appeals · 1969
  4. United States v. PondUnited States Court of Military Appeals · 1967
  5. United States v. O'NealUnited States Court of Military Appeals · 1966

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