United States v. Swanson

Opinion of the Court

Robert E. Quinn, Chief Judge:

A general court-martial at Fort Sill, Oklahoma, convicted the accused of larceny of $73.00 from a fellow-soldier,1 and sentenced him to dishonorable discharge, total forfeitures and confinement at hard labor for two years. The convening authority approved, and the board of review affirmed the findings and sentence. We granted the accused’s petition for review to determine the legality of the search and seizure which produced the principal evidence against him.

The essential facts, upon which the parties are in substantial agreement, are as…