United States v. Dinsmore

I concur.

While I join my associates in affirming the decision of the board of review, I prefer to set forth my views with respect to the accuracy of the questioned instruction.

The accused was found guilty of absence without leave, in violation of Uniform Code of Military Justice, Article 86, 10 USC § 886, and three specifications of larceny, in violation of Article 121, 10 USC § 921. Intermediate appellate authorities affirmed, and we granted review on the question whether the president of the special court-martial erred in his instructions on the offense of larceny with respect to the…