Legal Opinion

United States v. Barclay

U.S. Army Court of Military Review

Decided December 20, 1978No. CM 436703Published

1Opinion of the Court

OPINION OF THE COURT

DE FIORI, Chief Judge:

Appellant was charged with larceny and housebreaking. He offered pleas of guilty to the lesser included offenses of wrongful appropriation and unlawful entry, but the military judge held the plea to wrongful appropriation to be improvident and entered a plea of not guilty to that offense on appellant’s behalf. Appellant persisted in his guilty plea to unlawful entry, and the trial proceeded before a court with officer and enlisted members. The court found appellant guilty of both offenses as charged and imposed a sentence of reduction to the lowest…

2Cases cited6 opinions

  1. Parker v. GladdenSupreme Court of the United States · 1966
  2. United States v. RickettsUnited States Court of Military Appeals · 1975
  3. United States v. KupferUnited States Court of Military Appeals · 1953
  4. United States v. ReidUnited States Court of Military Appeals · 1957
  5. United States v. HahnU.S. Army Court of Military Review · 1978

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