Legal Opinion

United States v. Scott

U.S. Navy-Marine Corps Court of Military Review

Decided February 28, 1980No. NCM 79 0381PublishedCited by 1 opinion

1Opinion of the Court

MICHEL, Judge:

The only viable issue in this case is whether the crime of aggravated arson, as defined1 and explained2 in military jurisprudence, was committed.3 We believe that it was and therefore affirm appellant’s conviction for that offense.

To be guilty of the crime of arson, a person subject to the Uniform Code of Military Justice must be proven to have “willfully and maliciously bum[ed] or sets on fire an inhabited dwelling, or any other structure, movable or immovable, wherein to the knowledge of the offender there [was] at the time a human being ..” 4 The expansive treatment given to…

2Cases cited3 opinions

  1. Samuel Rosencranz v. United States of America, Anthony Dipietro v. United StatesCourt of Appeals for the First Circuit · 1966
  2. United States v. DukeUnited States Court of Military Appeals · 1966
  3. United States v. JonesU.S. Army Court of Military Review · 1976

3Cited by1 opinion

  1. United States v. EvansU.S. Army Court of Military Review · 1988

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