UNITED STATES, Appellee v. JAMES B. WHEAT, Private First Class, U. S. Army, Appellant

UNITED STATES, Appellee v JAMES B. WHEAT, Private First Class, U. S. Army, Appellant 19 USCMA 491, 42 CMR 93 No. 22,912 June 5, 1970 Colonel Daniel T. Ghent, Captain Robert B. Harrison, Ill, and Captain Bernard J. Casey were on the pleadings for Appellant, Accused. Major Edwin P. Wasinger was on the pleadings for Appellee, United States. [MAJORITY — Darden, Judge:] Opinion of the Court Darden, Judge: On December 16, 1969, the appellant was tried and convicted of an assault with intent to commit rape perpetrated October 5, 1969. For sentence purposes evidence of prior Article 15 punishment was received in evidence as a matter in aggravation. This procedure is in accordance with the provisions of paragraph 75d, Manual for Courts-Martial, United States, 1969 (Revised edition), effective August 1, 1969. The evidence is therefore admissible. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970). The decision of the Court of Military Review is affirmed. Chief Judge Quinn concurs. [DISSENT — Ferguson, Judge] Ferguson, Judge (.dissenting): I dissent for the reasons set forth is my separate opinion in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).