being in the building at the time. This "certain structure" includes one that is movable or immovable,
such as a theater, church, boat, trailer, tent, auditorium, or any other public or private shelter or edifice
when the accused knows there is a human being inside. The court may infer the accused knew a human
being was inside the structure by the nature thereof. For example, if the accused sets a store, office,
club, or theater on fire during normal business hours, the court may reasonably infer he knew there were
human beings in that structure at the time. Part IV, MCM, 1984, para 52(c) (2).
For aggravated arson the inhabited dwelling or other structure must be burned or charred. Mere
scorching or discoloration from heat is not sufficient to meet this element of damage to the dwelling or
structure. Part IV, MCM, 1984, para 52(c) (2) (c).
Simple arson is the willful and malicious burning or setting on fire the property of another under
circumstances not amounting to aggravated arson. The offense includes burning or setting fire to real or
personal property of someone other than the offender.
QUESTION: HOW MUCH OF A "BURNING" IS REQUIRED TO CONSTITUTE AN ARSON?
ANSWER: ACTUAL BURNING OR CHARRING OF ALLEGED PROPERTY OR STRUCTURE IS
REQUIRED. PART IV, MCM 1984, PARA 52(c) (2) (c). ARSON OF A STRUCTURE REQUIRES
THAT THE STRUCTURE ITSELF BE BURNED OR CHARRED. THEREFORE, THE BURNING
OF A DESK WITHIN A BUILDING IS NOT SUFFICIENT TO PROVE AGGRAVATED ARSON;
RATHER, THIS DESCRIBES AN ATTEMPTED AGGRAVATED ARSON. UNITED STATES V.
LITRELL, 46 CMR 628 (APR 1972).
PART F - DRUG OFFENSES (ARTICLE 112(a), UCMJ)
Wrongful Use, Possession, Etc., of Controlled Substances (Article 112(a), UCMJ).
The accused may be convicted of violating Article 112(a) if he wrongfully uses, possesses,
manufactures, distributes, imports into the customs territory of the United States, exports from the
United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control
of the armed forces a controlled substance. The prohibited controlled substances include opium, heroin,
cocaine, amphetamine, LSD, methamphetamine, phencyclidine, barbituric acid, marijuana, and any
compound or derivative of such substance. It also encompasses those drugs specified by the President
as controlled drugs for purposes of this article and any substance listed in Schedules I through V of
Section 202 of the Controlled Substances Act (21 USC 812).
This Article specifically prohibits seven different acts. Essentially, any wrongful dealing by a
member of the armed services with illegal drugs is made punishable by a court-martial. "Wrongful"
means conduct which is unauthorized and has no legal justification. This requirement of "wrongfulness"
excuses the conduct of the military policeman who seizes drugs as part of an investigation and thereafter
possesses them in the performance