United States v. Moten

I dissent.

This case is not Duffy (United States v Duffy, 3 USCMA 20, 11 CMR 20), nor Guest (United States v Guest, 3 USCMA 147, 11 CMR 147), nor Brown (United States v Brown, 3 USCMA 242, 11 CMR 242) simply because we are testing the sufficiency of the evidence and in that process a slight change in facts makes an ad hoe decision necessary. In this particular instance, I willingly concede that the author Judge makes a fine jury argument, but it should be made in the trial arena and not in this Court. I venture to suggest it almost duplicates defense counsel’s summation of the inferences which…