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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.