United States v. Jemmings

OPINION OF THE COURT

FLETCHER, Chief Judge:

Inquiring into the providence of the accused’s plea of guilty to a housebreaking charge which alleged an unlawful entry into a military commissary in Giessen, Germany, with intent to commit larceny, the trial judge was advised by the accused that, prior to the unlawful entry, several German nationals had threatened him and his children who also were living in Germany. Perceiving a possible defense of duress, the trial judge inquired further and elicited the following responses:

ACCUSED: I went to the movie in Butzbach . . . and on the way back as I…