This section contains the nature of the case and procedural background.

Johnson (D), who was in the military, took a police radio from his commander's office. D admitted that he took the radio but said he did it just to see how long it would take for someone to find out that it was missing. D was charged with larceny. At his court-martial, D requested an instruction that he would not be guilty of larceny if he took the radio in order to play a joke on another. The instruction was not given but the judge did instruct the jury that they could not convict unless they found the taking to be wrongful. D was convicted. The Court of Military Review affirmed. D appealed.

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