United States v. Maglito

I concur in part and dissent in part.

I agree that the accused’s conviction for possession of marihuana (Charge II) may be affirmed. I disagree, however, with the affirmance of the conviction under Charge I — willful disobedience of a lawful order.

The specification of Charge I alleges that the accused:

“. . . having received a lawful order from Commissaryman Second Class TREAT, U. S. Navy, his superior petty officer, to come into the MAA Office, ... to have his paper bag examined, did, on or about 0215, 14 September 1969, willfully disobey the same.”

A majority of the Court of Military Review,…