United States v. Dominguez

Opinion of the Court

GEORGE W. Latimer, Judge:

The accused was charged with and convicted by general court-martial of attempted use of a narcotic drug, in violation of Article 80, Uniform Code of Military Justice, 10 USC § 880. He was sentenced to dishonorable discharge, total forfeitures, and confinement for one year. The convening authority suspended the execution of the *486punitive discharge but otherwise approved, and the board of review affirmed. We granted review on an instructional issue which will be set out after the facts have been stated.

On August 13, 1955, the accused was approached by…