UNITED STATES, Appellee v. WILLIAM S. WOLF, Sergeant, U. S. Army, Appellant

UNITED STATES, Appellee v WILLIAM S. WOLF, Sergeant, U. S. Army, Appellant 17 USCMA 253, 38 CMR 51 No. 20,442 October 20, 1967 Colonel Daniel T. Ghent, Captain Dennis R. Hunt, and Captain Kenneth J. Stuart were on the pleadings for Appellant, Accused. Lieutenant Colonel David Rarick, Major John F. Webb, Jr., and Captain Harvey L. Anderson were on the pleadings for Appellee, United States. [MAJORITY — PER Curiam:] 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.