Property · MBE-tested
UNITED STATES, Appellee v. JOSEPH N. WEINSTEIN, Airman Second Class, U. S. Air Force, Appellant
11 C.M.A. 59929 C.M.R. 415·United States Court of Military Appeals·1960
Chief Judge Quinn concurs. · Judge Latimer dissents.
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Opinion
UNITED STATES, Appellee v JOSEPH N. WEINSTEIN, Airman Second Class, U. S. Air Force, Appellant
11 USCMA 599, 29 CMR 415
No. 14,056
Decided July 1, 1960
Lieutenant Colonel James L. Kilgore and Major Quincey W. Tucker, Jr.f were on the brief for Appellant, Accused.
Colonel John F. Hannigan and Captain Richard T. Yery were on the brief for Appellee, United States.
[MAJORITY — Homer Ferguson, Judge:]
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.