Legal Opinion

United States v. Thomas

United States Court of Military Appeals

Decided June 22, 1962No. 15,734PublishedCited by 28 opinions

1Opinion of the Court

Opinion of the Court

KILDAY, Judge;

Under the provisions of Article 67 (b) (2), Uniform Code of Military Justice, 10 USC § 867, The Judge Advocate *165General of the Army certified this case on the following issue:

“WAS THE BOARD OF REVIEW CORRECT IN DISMISSING THE CHARGES ON THE BASIS THAT THE APPELLANT WAS MENTALLY IRRESPONSIBLE AT THE TIME OF THE OFFENSES WITHOUT FIRST DETERMINING THE APPELLANT'S MENTAL CAPACITY AT THE TIME OF APPELLATE REVIEW AND AT THE TIME OF TRIAL?”

As the sufficiency of the evidence at the trial to sustain the charges is not in dispute, an extended statement of facts is not…

2Cases cited8 opinions

  1. United States v. BurnsUnited States Court of Military Appeals · 1953
  2. United States v. BuntingUnited States Court of Military Appeals · 1955
  3. United States v. KorzeniewskiUnited States Court of Military Appeals · 1956
  4. United States v. WilliamsUnited States Court of Military Appeals · 1954
  5. United States v. RolandUnited States Court of Military Appeals · 1958

3 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. United States v. WimberleyUnited States Court of Military Appeals · 1966
  2. United States v. CuttingUnited States Court of Military Appeals · 1964
  3. United States v. SchalckUnited States Court of Military Appeals · 1964
  4. United States v. TriplettUnited States Court of Military Appeals · 1972
  5. Denzil R. Allen v. Rolland F. Vancantfort, Etc.Court of Appeals for the First Circuit · 1971

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API