United States Court of Military Appeals August 16, 1963, No. 16,896 (United States v. Barben)

Opinion of the Court

Per Curiam:

The accused originally pleaded guilty to a charge of wrongful appropriation, in violation of Uniform Code of Military Justice, Article 121, 10 USC § 921. While testifying in mitigation and extenuation, he made statements inconsistent with that plea, and the law officer set it aside, declaring a mistrial to which the defense agreed.