United States Court of Military Appeals, 1960

United States v. Weinstein

United States Court of Military Appeals · Decided July 1, 1960 · Ferguson, Latimer, Quinn

11 C.M.A. 599; 11 USCMA 599; 29 C.M.R. 415; 1960 CMA LEXIS 261; 1960 WL 4525

Cases that cite this one

1 later published case cites this decision.

United States ex rel. O'Callahan v. Parker (District Court, M.D. Pennsylvania 1966)

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

Homer Ferguson, Judge:

Written depositions were read in evidence at accused’s trial by general court-martial over defense objection that their use denied him the right to confront the witnesses against him. Such action constituted prejudicial error. United States v Jacoby, 11 USCMA 428, 29 CMR 244; United States v Petterson, 11 USCMA 502, 29 CMR 318.

The decision of the board of review is reversed, and the record of trial is returned to The Judge Advocate General of the Air Force. A rehearing may be ordered.

Chief Judge Quinn concurs. Judge Latimer dissents.

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