United States v. Jack

10 M.J. 572 (1980)

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United States v. Jack

United States Air Force Court of Criminal Review
10 M.J. 572 (1980)

Facts

United States Airman Brian Jack (defendant) was apprehended in the early hours of the morning, dressed in sweatpants and tennis shoes and wearing a nylon stocking as a cap, leaving the dorm room of a female airman through the window and onto a ledge three stories high. Jack explained his conduct by saying he was going to visit a friend named Jackie Holloway but she wasn’t in, so he tried to enter her room from the outside window by walking along a ledge three stories above ground. Jack was caught exiting room 315 but stated he was trying to visit room 317. At his court-martial hearing, Jack pleaded guilty to unlawful entry into the female airman’s dorm room, a general-intent crime. On appeal, Jack argued that his mistake about the room number raised the affirmative defense of mistake of fact and his guilty plea should be disregarded.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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