Albert Richard Roy, Jr. v. United States

Albert Richard Roy, Jr., was found guilty in a non-jury trial of violating 18 U.S.C. § 871 for threatening the life of the President of the United States. He appeals from the judgment.

STATEMENT OF FACTS

On November 9, 1967 Roy was a private first class in the United States Marine Corps, stationed at Camp Pendleton. He was waiting to be 'flown to Viet Nam. At the last minute, against his wishes, he was re-assigned to school in the United States.

That evening Roy visited a friend in another barracks on the base. Other Marines were in the barracks, and Roy stated that they were “joking around about the President coming and how they were going to ''get him with cannons and how everybody was going to shoot them off.” The President of the United States was scheduled to arrive at Camp Pendleton the following day.

Roy went outside the barracks to a pay telephone. He picked up the receiver and stated to the operator the words for which he was convicted. The telephone operator testified that Roy said, “[T]ell the President that he should not come aboard the base or he would be killed.” Roy testified that he said, “Hello, baby. I hear the President is coming to the base. I am going to…