Legal Opinion · Concurrence

United States v. Banta

United States Court of Military Appeals

Decided May 9, 1988No. 56,738; CM 448786Published

1ConcurrenceEverett, Chief Judge

In United States v. Acevedo-Velez, 17 M.J. 1 (C.M.A.1983), this Court discussed at length the history of the crime of arson, as prohibited by Article 126, Uniform Code of Military Justice, 10 U.S.C. § 926. See also United States v. Caldwell, 17 M.J. 8 (C.M.A.1983). In light of that history, we concluded that the words “willfully and mali*113ciously” — as employed by Congress in defining aggravated arson — were intended to have their common-law meaning. Therefore, we repudiated an earlier opinion which indicated that arson required a specific, rather than merely a general, intent.

Later, in United…

2Cases cited6 opinions

  1. United States v. FeltyUnited States Court of Military Appeals · 1982
  2. United States v. Acevedo-VelezUnited States Court of Military Appeals · 1983
  3. United States v. WrightUnited States Court of Military Appeals · 1986
  4. United States v. GravesUnited States Court of Military Appeals · 1985
  5. United States v. DeshaUnited States Court of Military Appeals · 1986

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