United States v. Archibald

Opinion of the Court

Robert E. Quinn, Chief Judge:

This is an appeal from a conviction for larceny. The issue is whether the law officer’s instructions on mistake of fact prejudiced the accused,

The prosecution established the theft *579of a radio from a member of the accused’s company. It also showed that on the night of the theft, the accused, accompanied by another soldier and a Japanese girl, pawned the same radio for 13,000 yen. In defense, the accused called two witnesses.

Private Walacaviez, one of the two defense witnesses, testified that he and the accused met a Private Shockley at a taxicab…