Legal Opinion

United States v. Bivens

U.S. Army Court of Military Review

Decided March 29, 1979No. SPCM 13716PublishedCited by 1 opinion

1Opinion of the Court

. OPINION OF THE COURT

MITCHELL, Senior Judge:

On appeal the accused claims the court below lacked jurisdiction to try him for larceny and arson 1 as there was no proof that the alleged offenses occurred on a military reservation.2

At trial none of the witnesses were asked if the alleged offenses involving the motorcycle occurred on Fort Lewis or specifically on any military reservation. The recurring references to the situs of the crimes were couched in generic terms notorious to military men. Witnesses assigned to appellant’s unit barracks testified that they saw the motorcycle parked “in the…

2Cases cited6 opinions

  1. Relford v. Commandant, US Disciplinary Barracks, Fort LeavenworthSupreme Court of the United States · 1971
  2. United States v. HedlundUnited States Court of Military Appeals · 1976
  3. United States v. AlefUnited States Court of Military Appeals · 1977
  4. United States v. MooreUnited States Court of Military Appeals · 1976
  5. United States v. JonesU.S. Army Court of Military Review · 1978

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3Cited by1 opinion

  1. United States v. RollinsUnited States Court of Military Appeals · 1979

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