United States v. Davis

Opinion of the Court

Robert E. Quinn, Chief Judge:

A board of review reversed the accused’s conviction of larceny on the ground that certain evidence admitted at the trial was obtained by an unlawful search. The Judge Advocate General filed a certificate in this Court asking review of the legal correctness of this determination.

On the morning of July 1, 1953, two enlisted men, of the 54th Heavy Truck Company, awakened to find that their money had been stolen. Both occupied the same hut, which was also tenanted by the accused. A report was promptly made to the First Sergeant. He ordered all…