United States v. Roark

Opinion of the Court

On the ground it had “very considerable doubt” that the evidence showed the accused intended permanently to deprive the owner of money taken by the accused, a board of review set aside the accused’s conviction of larceny. However, it affirmed findings of guilty of the lesser included offense of wrongful appropriation, in violation of Uniform Code of Military Justice, Article 121, 10 USC § 921. We granted review to consider whether the new findings of fact made by the board of review support its affirmance of the lesser offense.

The accused was charged with stealing $86.00…