United States v. Howard

I concur with the result of this case reached by Senior Judge Fulton, but feel compelled to add a few thoughts of my own on the matter he raised in United States v. Rembert, 5 M.J. 910, 912-13 (A.C.M.R.1978) (Fulton, Sr.J., dissenting) and United States v. Arvie, 7 M.J. 768 at n. 11 (A.C.M.R.1979), and on which he continues to express concern here. Those who fashion the law must occasionally step back from this intricate work to insure the trueness of its direction. This is especially necessary where the workbench is judicial, the craftsmen judges and *966their raw materials cases. It is easy to…