2 C.M.A. 182 | United States Court of Military Appeals | 1953
Opinion of the Court
The accused Burr was tried by general court-martial and found guilty of larceny in violation of Article 121, Uniform Code of Military Justice, 50 USC § 715. He was sentenced to dishonorable discharge, total forfeitures and confinement at hard labor for one year. The convening authority approved and the board of review affirmed. We granted the petition for review by the accused. The substantial question involved here is the sufficiency of the instructions by the law officer.
The items allegedly stolen by the accused were articles of clothing belonging to two members of his unit. The accused admitted the taking but disclaimed ,,any intention of keeping the
The decision of the board of review is reversed and a rehearing is ordered.