United States v. Boyd

DECISION

KASTL, Senior Judge:

Absent a defense request for an alibi instruction, must the military judge give one sua sponte? This is the question before us. We hold that — without a defense request — a military judge does not err by failing to give such an instruction.

The accused was found guilty by a special court-martial, with members, of conspiracy to commit larceny and larceny, in violation of Articles 81 and 121, U.C.M.J., 10 U.S.C. §§ 881 and 921. The approved sentence was a bad conduct discharge (suspended), confinement at hard labor for two months, forfeiture of $382.00 per month for…