United States v. Gaston
Cases that cite this one
3 later published cases cite this decision.
- United States v. Schoenberg (United States Court of Military Appeals 1967)
- United States v. Patterson (United States Court of Military Appeals 1967)
- United States v. Mathis (United States Court of Military Appeals 1967)
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
A general court-martial in Vietnam convicted the accused of misbehavior before the enemy. The findings of guilty were disapproved by the board of review, which affirmed a finding of guilty of unauthorized absence. The accused appealed to this Court for further review, contending he was prejudiced by an instruction on the credibility of witnesses. We condemned a like instruction in United States v Robbins, 16 USCMA 474, 37 CMR 94.
The decision of the board of review is reversed and the finding of guilty and the sentence are set aside. A rehearing may be ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.