United States v. Eggleton

OPINION OF THE COURT

Duncan, Judge:

Charged with larceny of Airman Hirsch’s stereo, the accused, during an Article 39(a) hearing, pleaded not guilty as charged but guilty to the lesser included offense of wrongful appropriation. During the inquiry into the plea, the accused disclosed that he and Airman Carmen had taken Hirsch’s property partly as collateral for money owed Carmen by Hirsch and partly as a trick and a joke. According to the accused, he and Carmen had intended to tell Hirsch they had the equipment and that "he couldn’t get it back until he paid us the money.” The stereo was taken…