United States v. Talbert

OPINION OF THE COURT

A general court-martial convicted appellant of attempted robbery and wrongful possession of marihuana and heroin in violation of Articles 80 and 134, Uniform Code of Military Justice (U.C.M.J.), 10 U.S.C. §§ 880 and 934 (1976), respectively. He was sentenced to a dishonorable discharge, confinement at hard labor for five years, and forfeiture of all pay and allowances. The convening authority approved the sentence. The appeal comes to us pursuant to Article 66, U.C.M.J., 10 U.S.C. § 866 (1976).

The question in this case is whether the discovery of the marihuana and heroin…