United States v. Hayes

I concur in part and dissent in part.

I agree with my associates that the evidence is sufficient to sustain a finding of guilty as to specification 9, but it is unfortunate for the Services that the doctrine in United States v Krawczyk, 4 USCMA 255, 15 CMR 255, and associated cases, is discredited by visionary illustrative cases which are not before us. At no time have we held that changing money is a crime, and neither have we announced a rule that borrowing a book without prior consent of the owner is an offense. In the former illustration, there is no fact to support an intent to deprive…