United States v. Brown

In this Court, Brown appeals from his special court-martial conviction for a single use of marijuana, in violation of Article 112a, Uniform Code of Military Justice, 10 U.S.C. § 912a, contending that the military judge erred to Brown’s substantial prejudice by failing to instruct the members that his use must have been knowing and conscious. He is correct.

The prosecution’s case in this contested trial rested almost entirely on positive results of a urinalysis; there was no testimony at all from anyone who saw appellant use marijuana. Contrariwise, appellant strongly denied ever consciously…