United States v. Marks

In the supplement to the petition for grant of review, appellant set forth a single issue:

WHETHER THERE WAS INSUFFICIENT EVIDENCE TO ESTABLISH THAT APPELLANT ACTED “WILLFULLY AND MALICIOUSLY.”

This was the only issue on which we granted review, and I think it clearly deserves the answer reached by the majority. The evidence showed that the fire had begun in a canvas litter stacked under the stairwell of the Regional Hospital at Maxwell Air Force Base. After initially denying any involvement in the fire, Marks finally made a voluntary statement in which he admitted that he had “held the flame…