United States v. Cothern

(concurring in the result) :

I concur in the result.

I am becoming convinced that Moris-sette v United States, 842 US 246, 72 S Ct 240, 96 L ed 288, is a legal phenomenon in military law, for it is being cited in support of so many legal principles that it must blanket the entire criminal field. I just fail to see its applicability to the issues of this case, for the issue there involved a charge of larceny and a defense of mistake of fact. The Supreme Court held that the trial judge in his instructions could not take away from the jury its duty to find on the elements of a larcenous intent. No…