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United States v. Allen

13 M.J. 597 (1982)

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United States v. Allen

United States Air Force Court of Military Review

13 M.J. 597 (1982)

Facts

Karl Allen (defendant) was a driver in the Air Force who transported preschool children. Allen was charged with sexually abusing several of the children in his care. One of the children was R., a four-year-old girl. R. was called as a witness at Allen’s trial. The government (plaintiff) asked R. questions that were designed to inform her of her duty to tell the truth. After these questions were asked, R. declared that she would testify truthfully. The military judge found that R. was competent to testify as a witness. Subsequently, Allen was convicted by a general court-martial. Allen appealed.

Rule of Law

Issue

Holding and Reasoning (Miller, J.)

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