United States v. Rowe

*543DECISION

ARROWOOD, Judge:

The accused was convicted, contrary to his pleas, of the possession of marijuana and lysergic acid diethylamide (LSD), in violation of Articles 134 and 92, Uniform Code of Military Justice, 10 U.S.C. §§ 934 and 892.

Trial defense counsel in an excellent brief filed in accordance with Article 38(c), Code, 10 U.S.C. § 838(c), supra, asserts that the military judge failed to tailor his findings instructions on the defense of planted drugs. The accused attempted to raise the defense by testifying that part of the contraband which he possessed was planted in his gym bag. The…