United States v. Collymore

(concurring in the result) :

I concur in the result.

The principal opinion does not explicitly state whether the two offenses of impersonating an officer with intent to defraud and without that intent, both in violation of Uniform Code of Military Justice, Article 134, 10 USC § 934, stand in the relation of greater and lesser crimes. Rather, the language used seems to indicate that my brother Latimer believes the existence-of an intent to defraud goes only to the quantum of the sentence which may be adjudged. To the contrary, I deem it an essential element of the greater offense alleged and…