United States v. Gurevich

Opinion of the Court

ROBERT E. QuiNN, Chief Judge:

This is an appeal from a conviction by a general court-martial for an eight-day unauthorized absence and seven specifications of larceny by check. The only issue is whether the accused was prejudiced by the law officer’s instructions on mistake of fact as a defense to the larceny charge.

The evidence shows that the accused drew and negotiated seven checks on two nonexistent New York banks. The checks were issued in Florida within the period from June 30 to July 15, 1955, and totaled over $290.00. In the course of the investigation under Article…