United States v. Baker
Cases that cite this one
1 later published case cites this decision.
- United States v. Minnifield (United States Court of Military Appeals 1958)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Opinion of the Court
The accused were tried jointly for the alleged commission of two robberies, separated in time by about 10 minutes and in distance by about a half a mile. One of the major issues at the trial was the voluntariness of a pretrial statement by each accused. All statements were admitted in evidence by the law officer. Defense counsel requested an instruction to the effect that if the court-martial did not find beyond a reasonable doubt that the statements were voluntary, it must disregard them. Although trial counsel had no objection to the proposed instruction, the law officer did not give it. Instead, he gave substantially the same instruction we disapproved in United States v Jones, 7 USCMA 623, 23 CMR 87. The Government concedes error.
The decision of the board of review is reversed; the findings of guilty are set aside. A rehearing may be ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.