United States v. Smith

*550Opinion of the Court

GEORGE W. LatimeR, Judge:

A special court-martial convicted accused of assault with a means likely to produce grievous bodily harm, and being drunk in quarters, violations, respectively, of Articles 128 and 134, Uniform Code of Military Justice, 10 USC §§ 928 and 934. Intermediate authorities having affirmed the findings, we granted review limited solely to the propriety of an instruction given to the court members by the president.

Accused’s contention is directed against the same instruction which we considered in United States v Simpson, 10 USCMA 543, 28 CMR 109; United…