Legal Opinion · Dissent

United States v. Greene

United States Court of Military Appeals

Decided January 29, 1971No. 23,166Published

1DissentDarden, Judge

Arson was not a specific intent offense at common law (see Crow v State, 136 Tenn 333, 189 SW 687 (1916)), and I can find no congressional intent to make it such an offense by statute.

When a special intent is a part of the definition of a military crime, Congress has generally used the words “with intent to” (see, for example, Articles 85, 94, 118, 119, 121, 122, 123, 123a, 124, and 130, Uniform Code of Military Justice).

The Hearings before the House Armed Services Committee on H.R. 2498, 81st Congress, First Session, at page 1233, give the following comment on Article 126:

“This article…

2Cases cited5 opinions

  1. Tinker v. ColwellSupreme Court of the United States · 1904
  2. United States v. SimmonsUnited States Court of Military Appeals · 1952
  3. United States v. StewartUnited States Court of Military Appeals · 1970
  4. United States v. GrovesUnited States Court of Military Appeals · 1953
  5. People v. Cummings, New York County Courts1961

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