United States v. Willard

Similar eases should be resolved in a similar manner. This ease should be decided in appellant’s favor on the basis of this Court’s decision in United States v. Hughes, 45 MJ 137 (1996). There, Judge Robertson, writing for a majority of this Court, held that the “from the possession of’ element of wrongful appropriation is not satisfied as a matter of law where other than a fiduciary relationship exists and a change of possession lawfully occurred prior to the charged act. Here, the uncontroverted evidence of record shows appellant had a general power of attorney over PFC Clare’s funds, as…