United States v. Porter

United States Court of Military Appeals

United States v. Porter

23 C.M.A. 477, 1 M.J. 76, 50 C.M.R. 496

CourtUnited States Court of Military Appeals

DecidedJuly 11, 1975

DocketNo. 30,115

StatusPublished

This text of 23 C.M.A. 477 (United States v. Porter) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Porter, 23 C.M.A. 477, 1 M.J. 76, 50 C.M.R. 496 (cma 1975).

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Opinion

OPINION OF THE COURT

Per Curiam:

The military judge erred prejudicially by instructing the members of the accused’s court-martial that in fact "the taking by the accused was with the intent permanently to deprive Private First Class Claude Fisher of the use and benefit of the property.” United States v Gaiter, — USCMA —, — CMR — (June 20, 1975).

The decision of the US Navy Court of Military Review is reversed and the record of trial is returned to the Judge Advocate General of the Navy. A rehearing may be ordered.

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OPINION OF THE COURT

Per Curiam:

The military judge erred prejudicially by instructing the members of the accused’s court-martial that in fact "the taking by the accused was with the intent permanently to deprive Private First Class Claude Fisher of the use and benefit of the property.” United States v Gaiter, — USCMA —, — CMR — (June 20, 1975).

The decision of the US Navy Court of Military Review is reversed and the record of trial is returned to the Judge Advocate General of the Navy. A rehearing may be ordered.

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Bluebook (online)

23 C.M.A. 477, 1 M.J. 76, 50 C.M.R. 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-porter-cma-1975.