United States v. Morris

DECISION AND ACTION UPON PETITION FOR NEW TRIAL

HODGSON, Chief Judge:

Contrary to his pleas, the accused was convicted of wrongfully using, possessing and transferring marijuana and soliciting another to wrongfully possess and transfer marijuana, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.1 The approved sentence extends to a dishonorable discharge, three years’ confinement at hard labor, total forfeitures, and reduction to airman basic.

I

The accused maintains that the evidence does not establish beyond a reasonable doubt that the substance he transferred…