
    UNITED STATES, Appellee v WILLIAM R. BUTLER, Jr., Private First Class, U. S. Army, Appellant
    17 USCMA 344, 38 CMR 142
    No. 20,447
    December 22, 1967
    
      Colonel Daniel T. Ghent, Lieutenant Colonel Martin S. DrucJcer, 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.
   Opinion of the Court

FERGUSON, Judge:

This case involves the same issue as that presented in United States v Lincoln, 17 USCMA 330, 38 CMR 128, this day decided. Here, the trial counsel also sought to impeach the accused’s trial testimony by use of his pretrial, in-custody statements without any showing of compliance with Miranda v Arizona, 384 US 436, 16 L ed 2d 694, 86 S Ct 1602 (1966), and United States v Tempia, 16 USCMA 629, 37 CMR 249. This was prejudicial error. United States v Lincoln, supra.

The decision of the board of review is reversed, and the record of trial is returned to the Judge Advocate General of the Army. A rehearing may be ordered.

Judge Kilday concurs.

Quinn, Chief Judge

(dissenting):

■ I dissent. See my opinion in United States v Lincoln, 17 USCMA 330, 38 CMR 128.  