United States v. Baylor

Opinion of the Court

Quinn, Chief Judge:

The accused contends he was prejudiced by the law officer’s failure to give a requested instruction, which he had previously agreed to give.

A paper bag containing a small amount of marihuana was discovered in the accused’s locked wall locker. In due course, he was charged with unlawful possession of marihuana, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. At trial, he testified he had never before seen the bag. He further testified he did not know how the marihuana got into his locker; but in an attempt to account for its…