
    UNITED STATES, Appellee v RALPH X. ACOSTA, Private, U. S. Army, Appellant
    22 USCMA 347,
    46 CMR 347
    No. 26,737
    June 8, 1973
    
      Colonel Arnold I. Melnick, Cwptain Allan K. DuBois, and Captain Michael A. Mason were on the pleadings for Appellant, Accused.
    
      Lieutenant Colonel Ronald M. Holdaway, Major Thomas P. Bums, III, Captain Richard A. Karre, and Captain Richard L. Menson were on the pleadings for Appellee, United States.
   Opinion

Per Curiam:

Under attack is the admissibility of evidence of a previous conviction by summary court, at which the accused was not sentenced to confinement, and of a previous conviction by special court-martial, at which the accused allegedly was represented by appointed counsel who was not a professional lawyer in the civilian sense. For the reasons set out in the separate opinions of Chief Judge Darden and

Judge Quinn in United States v Alderman, 22 USCMA 298, 46 CMR 298 (May 25, 1973), we sustain the admission of the evidence. The decision of the Court of Military Review is affirmed.

Duncan, Judge

(dissenting):

I dissent for the reasons set forth in my separate opinion in United States v Henry, 22 USCMA 328, 46 CMR 328 (June 8, 1973).  