United States v. James

MALONE, Judge:

Contrary to his pleas, appellant was convicted at special court-martial proceedings convened by the Commanding Officer, Second Battalion, Eighth Marines, of the offense of attempted damage to an automobile belonging to one Second Lieutenant W by pouring sugar into the vehicle’s gas tank, in violation of Article 80, Uniform Code of Military Justice (UCMJ) 10 U.S.C. § 880. He was acquitted of an unrelated offense when the fruits of a search of both his person and his wall locker conducted by Second Lieutenant W were suppressed at trial upon the motion of the trial defense counsel.…