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19 C.M.A. 491

United States v. Smith

United States Court of Military Appeals · decided 1970-06-05

Decided 1970-06-05

¶1Opinion of the Court

DARDEN, Judge:

¶2Evidence of an Article 15 disciplinary action for failing to obey an order to get a haircut was admissible against the appellant following his conviction for two aggravated assaults and carrying a concealed weapon, offenses occurring after August 1, 1969. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970); United States v Wheat, 19 USCMA 491, 42 CMR 93 (1970). Accordingly, the decision of the Court of Military Review is affirmed.

Chief Judge Quinn concurs.
Ferguson, Judge

¶3(dissenting):

¶4I dissent for the reasons set forth in my separate opinion in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).

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