Home/United States Court of Military Appeals/United States v. Riggins

United States v. Riggins

2 C.M.A. 451, 2 USCMA 451, 9 C.M.R. 81, 1953 CMA LEXIS 875, 1953 WL 2610
CourtUnited States Court of Military Appeals
DecidedMay 5, 1953
DocketNo. 1641
StatusPublished
Cited by7 cases

This text of 2 C.M.A. 451 (United States v. Riggins) 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. Riggins, 2 C.M.A. 451, 2 USCMA 451, 9 C.M.R. 81, 1953 CMA LEXIS 875, 1953 WL 2610 (cma 1953).

Opinion

Opinion of the Court

GeoRGe W. Latimer, Judge:

Upon joint trial by general court-martial, the accused were found guilty of premeditated murder in violation of Article 118, Uniform Code of Military Justice, 50 USC § 712, and two robberies in violation of Article 122 of the Code, 50 USC § 716. The death sentence was imposed upon all three accused. Army reviewing authorities have upheld the findings and the sentences. The case is before this Court pursuant to Article 67(b)(1), Uniform Code of Military Justice (mandatory appeal), 50 USC § 654. This Article requires that we review all cases in which the sentence, as affirmed by a board of review, extends to death.

The facts which support the conviction of this unfortunate killing and which are clarified by the map below are these: Shortly after midnight on September 20, 1951, one Merle Glass-cock, who resided near Waynesville, Missouri, was driven to his home from the Wagon Wheel Cafe, by Harry Langley, a local cab driver. En route to his home, Glasscock observed three American soldiers walking along the highway (US 66) about three blocks from the Silver Slipper cafe. After leaving Glasscock at his home, Langley “headed back toward the Silver Slipper.” At approximately 2:00 a.m. on September 20, 1951, the accused Riggins, accompanied by two other soldiers appeared at a business establishment owned by F. G. Burgard and located on US 66 about one and one-half miles east of “Tower Road.” Accused Riggins asked the owner’s son to drive the three soldiers to Rolla, Missouri, saying that “they would pay plenty if he would take them to Rolla.” The boy refused and the soldiers departed, proceeding east towards Powellville, Missouri, 'on foot. Early the morning of September 20, [455]*4551951, Corporal Mervin C. Ellis was returning alone by ear to Fort Leonard Wood, Missouri. Becoming tired, he pulled to the side of the highway (US 66) at a point about one-half mile east of Mr. Burgard’s establishment and fell asleep. Ellis awoke about 2.30 a.m. to find accused Riggins sitting beside him in the driver’s seat and two other soldiers occupying the rear seat of the car. Overriding a vigorous protest by Ellis, Riggins turned the car around and drove back towards Rolla, Missouri. When one of the soldiers in the back seat observed that they could not let Ellis go “because . . . (he) knew too much,” Ellis realized he was in danger, Subsequently, Ellis succeeded in [456]*456escaping' from the car near Powellville, and informed the State Police of the loss of his car. Within a few minutes the stolen car was overtaken and halted by a Missouri State Police patrol car. Rig-gins, Suttles, and Beverly, the three accused, were in the car.

[455]*455

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Cite This Page — Counsel Stack

Bluebook (online)
2 C.M.A. 451, 2 USCMA 451, 9 C.M.R. 81, 1953 CMA LEXIS 875, 1953 WL 2610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-riggins-cma-1953.