United States v. Peterson

EVANS, Senior Judge:

Appellant, pursuant to his pleas, stands convicted of wrongful possession of marihuana and larceny of various items of merchandise from the Marine Corps Exchange at Camp Lejeune in violation of Articles 92 and 121, Uniform Code of Military Justice, 10 U.S.C. §§ 892, 921.

The first trial held on 8 and 16 April 1975 resulted in a mistrial because appellant did not understand or fully appreciate the differences between trial by judge alone or before members. The problem centered around appellant’s basic intelligence as opposed to mental responsibility (Mistrial, Defense…