United States v. Wooten

I dissent.

In all respect, I must express my disagreement with my brothers’ restrictive view of the evidence in this record and their conclusion that the lesser included offense of wrongful appropriation was not placed in issue. Intent is purely a mental phenomenon and when, as in this instance, the evidence is wholly circumstantial, I am of the view that we must look to all the facts in order to determine whether any reasonable inference of the intent temporarily to deprive an owner of his property is excluded. That is my understanding of our holding in United States v Brookman, 7 USCMA 729,…