United States v. Brooks

DECISION

CANELLOS, Judge:

In a special court-martial consisting of members, the accused was found guilty, in accordance with his pleas, of dereliction in the performance of his duties. He was also found guilty, contrary to his pleas, of wrongful transfer of marijuana. The approved sentence extends to a bad conduct discharge, confinement at hard labor for four months, and forfeiture of $250.00 per month for four months.

On appeal, the accused contends that the military judge erred by instructing the court that they could find the accused guilty as an aider and abettor where there was no evidence…