2 C.M.A. 541 | United States Court of Military Appeals | 1953
Opinion of the Court
The accused was convicted by general court-martial; sitting in Japan, of four offenses: wrongfully wearing the insignia of an enlisted grade higher than his own actual grade,
Specific intent is an element of two of the offenses of which accused stands convicted, to wit, willfully damaging military property, and assault in which grievous bodily harm was intentionally inflicted. The record is replete with evidence that the accused was deeply intoxicated at the time of the commission of the acts which form the basis of the charges against him. The law officer instructed the court-martial as
Accordingly, the convictions of willfully damaging military property and assault in which grievous bodily harm was intentionally inflicted are reversed. The error presented does not touch the remaining convictions and they must be affirmed. The record is returned to The Judge Advocate General, United States Army, for reference to the board of review for consideration of affirmance of lesser included offenses, for rehearing, or for other action not inconsistent herewith.
Uniform Code of Military Justice, Article 134, 50 USC § 728.
Id., Article 86, 50 USC § 680.
Id., Article 108, 50 USC § 702.
Id., Article 128, 50 USC § 722.