United States v. Jones

(concurring in the result) :

I concur ins the result.

I find it necessary to .pen a separate *86opinion in the case for two reasons: First, because the majority opinion fails to respond to the first certified issue, and second, while phrased in an ambiguous manner, the question can be interpreted to request our opinion on the effect of a mistake of fact in cases involving either a specific or general criminal intent. I reach that conclusion because the specification originally alleged willful disobedience, but now, because of the action of the convening authority, presents the included offense of…