United States Court of Military Appeals, 1967

United States v. Wolf

United States v. Wolf
United States Court of Military Appeals · Decided October 20, 1967
17 C.M.A. 253; 17 USCMA 253; 38 C.M.R. 51; 1967 CMA LEXIS 230; 1967 WL 4367
United States v. Wolf

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Opinion of the Court

PER Curiam:

A general court-martial convicted the accused of two specifications of robbery, in violation of Article 122, Uniform Code of Military Justice, 10 USC § 922. The Government concedes the law officer erred to the prejudice of the accused by failing to instruct the court members as to a disputed question of fact in connection with a pretrial incriminating statement admitted into evidence. See United States v Hardy, 17 USCMA 100, 37 CMR 364, and United States v Pearson, 17 USCMA 204, 37 CMR 468.

The decision of the board of review is reversed and the findings of guilty and the sentence are set aside. A rehearing may be ordered.

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