Legal Opinion

United States v. Danko

U.S. Navy-Marine Corps Court of Military Review

Decided August 19, 1975No. NCM 75 1606Published

1Opinion of the Court

DECISION

EVANS, Senior Judge:

Appellant contrary to his plea stands convicted of selling phencyclidine, a controlled *1164substance, contrary to the provisions of Article 1151 United States Navy Regulations. We return the record for another post-trial legal review and action by the supervisory authority.

The prosecution by the testimony of Government informer PFC Eblen established the charged sale took place between 2030 and 2100 on 15 November 1974. There were no witnesses to the sale. The defense introduced evidence of alibi and Eblen’s poor reputation for truth and veracity. The hinge pin of the…

2Cases cited2 opinions

  1. Davis v. AlaskaSupreme Court of the United States · 1974
  2. United States v. CollierUnited States Court of Military Appeals · 1970

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