Legal Opinion · Concurring in part, dissenting in part

United States v. Strangstalien

United States Court of Military Appeals

Decided August 13, 1979No. 33,737; ACM 22089Published

1Concurring in part, dissenting in partPerry, Judge

I agree with Chief Judge Fletcher in the determination that there was no service connection and hence no jurisdiction over the offense alleged in specification 4 of the Charge. However, I am unable to agree with my Brethren in their resolution of the remaining issues. As to those issues, I respectfully dissent.

I

On four separate occasions the appellant sold what purported to be marihuana and lysergic acid diethylamide (LSD) to an undercover agent of the United States Air Force Office of Special Investigations (OSI). After each purchase, the agent gave the purchased item to an OSI evidence…

2Cases cited64 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. Pointer v. TexasSupreme Court of the United States · 1965
  4. Mullaney v. WilburSupreme Court of the United States · 1975
  5. California v. GreenSupreme Court of the United States · 1970

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