United States v. Gallagher

Opinion of the Court

Homer Ferguson, Judge:

Tried by special court-martial, the accused was found guilty of larceny, in violation of Uniform Code of Military Justice, Article 121, 10 USC § 921, and sentenced to bad-conduct discharge, forfeiture of $40.00 per month for six months, and confinement at hard labor for six months. With some reduction in the sentence, intermediate appellate authorities affirmed, and we granted accused’s petition for review on the question whether the president of the court-martial should have instructed its members on the defense of mistake of fact.

The accused…