Legal Opinion · Concurring in part, dissenting in part

United States v. Gunter

Court of Appeals for the Armed Forces

Decided August 23, 1995No. 93-1522; CMR No. 9300014Published

1Concurring in part, dissenting in partWiss, Judge

17. The majority opinion separately discusses what it considers to be two related but distinct concepts: right of self-help to obtain property and a claim of right to possession of *298certain property. But see United States v. Eggleton, 22 USCMA 503, 505 n.2, 47 CMR 920, 922 n.2 (1973) (referring to “the doctrine of self-help based on a claim of right”); but cf. United States v. Petrie, 1 MJ 332, 334 and n. 4 (CMA 1976) (person does not have intent to steal when “he has a [claim of] right to that property” either because he owns the property or because he believes that he has a right to its…

2Cases cited10 opinions

  1. United States v. PraterUnited States Court of Military Appeals · 1991
  2. United States v. StewartUnited States Court of Military Appeals · 1989
  3. United States v. AmieUnited States Court of Military Appeals · 1957
  4. United States v. KachougianUnited States Court of Military Appeals · 1956
  5. United States v. TurnerUnited States Court of Military Appeals · 1988

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API