United States v. Jackson

OPINION OF THE COURT ON RECONSIDERATION

COOK, Judge:

The appellant was convicted by a court, sitting with members, of an attempt to wrongfully sell marihuana. This delict was alleged as a violation of Article 80, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 880. The evidence presented to support the charge consisted of testimony that the appellant approached one soldier and asked him if he wanted to buy a “bag.” On inquiry, the appellant stated he was referring to “Mexican” and that the price was twenty dollars. When his offer was rejected, appellant approached a nearby group of…