United States v. Graham

SULLIVAN, Judge,

with whom

CRAWFORD, Judge,

joins (dissenting):

Appellant used the unknowing-ingestion defense in a court-martial for unlawful drug use some 4 years prior to his present military prosecution and he was acquitted. When appellant was being tried in the case at bar, *61he once again used this defense,1 and to bolster this defense, he took the stand and substantially asserted that he never knowingly used marijuana, and that he was “shocked, upset, [and] flabbergasted” to have received a positive-urinalysis result.2 After hearing

arguments out of the presence of the jury, the judge allowed…