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Legal Opinion

United States v. Walther

U.S. Navy-Marine Corps Court of Military Review

Decided February 28, 1990No. NMCM 89 2309PublishedCited by 10 opinions

1Opinion of the Court

WILLEVER, Judge:

We recognize voluntary abandonment as an affirmative defense to attempted criminal conduct in this case, following the rationale of United States v. Byrd, 24 M.J. 286 (C.M.A.1987). Pursuant to his pleas, appellant was found guilty of violations of the Uniform Code of Military Justice (UCMJ), Articles 80 and 109, 10 U.S.C. §§ 880, 909, by a military judge sitting as a special court-martial. After being convicted of the willful destruction of another sailor’s automobile window and attempted larceny of an in-dash car stereo, appellant was sentenced to confinement for 30 days,…

2Cases cited5 opinions

  1. United States v. SalesUnited States Court of Military Appeals · 1986
  2. United States v. HillUnited States Court of Military Appeals · 1988
  3. United States v. ByrdUnited States Court of Military Appeals · 1987
  4. United States v. McIntoshUnited States Court of Military Appeals · 1988
  5. United States v. GugliottaU.S. Navy-Marine Corps Court of Military Review · 1987

3Cited by10 opinions

  1. United States v. CollierU S Air Force Court of Military Review · 1992
  2. United States v. MillerU.S. Navy-Marine Corps Court of Military Review · 1990
  3. United States v. RiosU.S. Army Court of Military Review · 1990
  4. United States v. SmauleyU.S. Navy-Marine Corps Court of Military Review · 1994
  5. United States v. SchoofU.S. Navy-Marine Corps Court of Military Review · 1992

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