Legal Opinion · Concurrence

United States v. Eagleson

United States Court of Military Appeals

Decided February 5, 1954No. 2353Published

1ConcurrenceLatimer, Judge

(concurring in the result) :

I concur in the result.

I have no misgivings about our conclusion that leaving the scene of an accident is conduct of a nature to bring discredit upon the Armed Forces, and hence is an offense under Article 134 of the Code, 50 USG § 728. However, the argument made that knowledge on the part of the accused that he has been involved in an accident is not an essential element of this offense is not persuasive. On that issue I disagree with my associates. I grant that the form specification for that offense which is shown in the Appendix to the Manual does not include a…

2Cases cited16 opinions

  1. People v. MacPhersonMichigan Supreme Court · 1949
  2. Herchenbach v. CommonwealthSupreme Court of Virginia · 1946
  3. United States v. SoukupUnited States Court of Military Appeals · 1953
  4. State v. MastersWest Virginia Supreme Court · 1928
  5. Olson v. StateArizona Supreme Court · 1930

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