United States v. Reece

12 M.J. 770, 1981 CMR LEXIS 571
CourtU.S. Army Court of Military Review
DecidedDecember 16, 1981
DocketCM 440404
StatusPublished
Cited by2 cases

This text of 12 M.J. 770 (United States v. Reece) is published on Counsel Stack Legal Research, covering U.S. Army Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Reece, 12 M.J. 770, 1981 CMR LEXIS 571 (usarmymilrev 1981).

Opinion

OPINION OF THE COURT

MITCHELL, Senior Judge:

Appellant was convicted of arson, unlawful entry, and impersonation of a commissioned officer in violation of Articles 126 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 926 and 934 (1976). His sentence, adjudged and approved, provides for confinement at hard labor for eight months and forfeiture of $200.00 pay per month for eight months. The Judge Advocate General has directed that this case be reviewed by this Court pursuant to Article 69, UCMJ, 10 U.S.C. § 869 (1976).

Three errors are assigned on appeal. First, appellant attacks the sufficiency of the evidence to support his conviction of arson and impersonation of an officer. Second and third, appellant contends that the Government has failed to state an offense in the specifications alleging unlawful entry, (Specification 1 of Charge II), and impersonation of an officer, (Specification 2 of Charge II). We reverse in part.

I

With regard to the evidentiary sufficiency of the arson and impersonation offenses, appellant asks us to find that his intoxication during the commission of these offenses deprived him of the necessary specific intent. The court members who saw and heard the witnesses apparently determined that appellant, though drunk, was aware of his acts and their probable consequences. This finding is not surprising. The evidence adduced at trial reveals appellant was able to converse coherently with the gate guards when purporting to be a lieutenant in a tank company in order to get a ride to the barracks. He knew that as an officer he probably could get government transportation from the main gate to his quarters, whereas as an enlisted man he could not. With regard to the arson of an automobile, the evidence shows that appellant was able to manipulate and enter a locked car, empty the contents of a glove box, and set them on fire within the car and then exit the vehicle. When discovered by the owner of the car, appellant fled and was [772]*772able to elude his pursuer for several hundred yards.

These facts and others convince us that the appellant was aware of and intended the natural and probable consequences of his acts.

II

The appellant is correct in asserting that an automobile is not included in the protected structures into which unauthorized entry is prohibited by the Code. United States v. Wright, 5 M.J. 106 (C.M.A.1978); United States v. Gillin, 8 U.S.C.M.A. 669, 25 C.M.R. 173 (1958).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Specialist DAVID P. VANBUREN
Army Court of Criminal Appeals, 2024
United States v. Hall
25 M.J. 628 (U S Air Force Court of Military Review, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
12 M.J. 770, 1981 CMR LEXIS 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-reece-usarmymilrev-1981.