United States v. Owens

21 M.J. 117 (1985)

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Nature of the Case

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Facts

Owens (D) was on trial for the unpremeditated murder of his wife. D claimed that he shot his wife in a tragic accident while examining his hunting rifle. P claimed that D shot and killed his wife pursuant to a domestic dispute. At trial, the prosecutor questioned D about three criminal convictions which he failed to mention on his application for appointment as a Warrant Officer: one of these was for marijuana possession; one was for assault and battery on his second wife; and the third for carrying a firearm without a permit. D denied that he had been convicted of any of these offenses. On examination by defense counsel, D admitted to the marijuana and firearms offenses, claiming that he had told the personnel specialists who had processed his application about these offenses and relied on them to properly handle them. He made no admission about the assault and battery offense. Prior to deliberation, the judge gave an instruction that the evidence had been admitted for the purpose of assessing the credibility of D, insofar as he had failed to put them on his Warrant Officer application.