Summary
In United States v. Jordan, 7 C.M.A. 452, 22 C.M.R. 242 (1957), the Court of Military Appeals held that an order compelling a urine sample to secure evidence for a court-martial proceeding violated the prohibition against compelled self-incrimination of Article 31.
Summary of this case from Walters v. Secretary of DefenseOpinion
Docket No. L.A. 24657.
November 27, 1957.
APPEAL from a judgment of the Superior Court of Los Angeles County. Kenneth N. Chantry, Judge. Affirmed.
A.L. Wirin and Paul M. Posner for Appellants.
Edmund G. Brown, Attorney General, and Delbert E. Wong, Deputy Attorney General, for Respondent.
MEMORANDUM CASE
THE COURT.
This appeal presents the same question as that involved in Christian Nationalist Party v. Jordan, ante, p. 448 [ 318 P.2d 473], decided this day, and our decision in that case is controlling here.
The judgment is affirmed.
For the reasons stated in my dissenting opinion in Christian Nationalist Party v. Jordan, ante, p. 448 [ 318 P.2d 473], I would reverse the judgment.
Appellants' petition for a rehearing was denied December 23, 1957. Carter, J., was of the opinion that the petition should be granted.