United States v. Pena

DONOVAN, Judge:

Appellant contests the military judge’s denial of his motion for a mistrial which appellant founded on the manner in which he thinks the members voted on findings.

Paragraph 74d, Manual for Courts-Martial, 1969 (Rev.) (MCM), states that the members should vote on specifications first, then on the charge under which brought; it indicates that voting by secret written ballot should be individual as to each specification. See Military Judges’ Guide, DA Pam 27-9, paragraph 2-4.

Appellant was convicted of six specifications under one charge alleging violations of Article 92, Uniform…