United States v. Marrufo

Opinion of the Court

The accused was tried by a special court-martial for larceny (Charge I) and conspiracy to commit larceny (Charge II), in violation of Articles 121 and 81 of the Uniform Code of Military Justice, 10 USC §§ 921 and 881, respectively. He was acquitted of the former, but found guilty of the latter. The court adjudged a sentence which includes a bad-conduct discharge. Intermediate appellate authorities affirmed. We granted review to consider the accused’s contention that the president of the court failed to instruct properly on the elements of the offense of conspiracy.

As…