United States v. Dollinger

GLADIS, Senior Judge

(dissenting):

The law is well settled that a specification alleging willful destruction of private property does not state an offense if it does not allege that the destruction is wrongful. See United States v. Holmes, 36 C.M.R. 550 (A.B.R.1965); United States v. Howard, 21 C.M.R. 894 (A.F.B.R.1956). The specification in question does not allege the necessary element of wrongfulness by fair construction or implication. Therefore, I dissent.