Legal Opinion · Dissent

United States v. Exposito

United States Court of Military Appeals

Decided June 29, 1962No. 15,601Published

1DissentQuinn, Chief Judge

In my opinion, there is substantial independent, competent evidence to show wrongful appropriation of the motor vehicle. This evidence and the accused’s confession, which was properly admitted, compellingly establish that the accused took the vehicle from Camp Pendleton on a Sunday night without proper authority and went to San Diego. Consequently, the other evidence referred to in the majority opinion is merely cumulative and did not prejudice the accused in any way. United States v Ledlow, 11 USCMA 659, 29 CMR 475; United States v Johnson, 9 USCMA 178, 25 CMR 440.

I would, therefore, affirm…

2Cases cited2 opinions

  1. United States v. LedlowUnited States Court of Military Appeals · 1960
  2. United States v. JohnsonUnited States Court of Military Appeals · 1958

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