United States v. Hughes

GIERKE, Judge,

with whom CRAWFORD, Judge, joins (dissenting):

I disagree with the majority’s assertion that “[t]he Court of Criminal Appeals affirmed findings of guilty ... based on the ‘takings’ prong, and not, as the military judge had found, the ‘withholding’ prong.” 45 MJ at 138. To the contrary, the Court of Criminal Appeals held that a taking is not necessary. That court recognized that “[s]ome jurisdictions ... do not require an actual carrying away of the property, but only that the taker exercise control over the property[,]” and that the “Manual for Courts-Martial ... has so provided…