United States v. McMurry

Opinion

PERRY, Judge:

Appellant’s challenge to his conviction for possessing heroin in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934, on the ground that the evidence1 does not establish his possession of the substance, must be sustained. United States v. Galley, 22 U.S.C.M.A. 534, 539, 48 C.M.R. 19, 24 (1973). This determination moots the other granted issue.

The record discloses that on April 4,1975, appellant and his roommate, Private Mason, went off base to an apartment occupied by Thomas, Horton, and Jackson,2 who requested that they help package some heroin…