Legal Opinion

United States v. Martinez

United States Court of Military Appeals

Decided December 24, 1970No. 22,940PublishedCited by 4 opinions

1Opinion of the Court

Opinion of the Court

Quinn, Chief Judge:

A general court-martial at Fort Lewis, Washington, convicted the accused of killing William Graves, Junior, a fellow soldier, while attempting to rob him of his money. On this appeal, the accused contends he was prejudiced by the law officer’s denial of a request to instruct on involuntary manslaughter as a lesser offense included in that charged. The contention lacks merit for the following reasons:

1. The evidence compellingly indicates the commission of the offense of which the accused stands convicted. An eyewitness, who knew the accused as a bunkmate…

2Cases cited5 opinions

  1. United States v. OlveraUnited States Court of Military Appeals · 1954
  2. United States v. RansomUnited States Court of Military Appeals · 1954
  3. United States v. FergusonUnited States Court of Military Appeals · 1968
  4. United States v. ThomasUnited States Court of Military Appeals · 1967
  5. United States v. TaylorUnited States Court of Military Appeals · 1967

3Cited by4 opinions

  1. United States v. GroceUnited States Court of Military Appeals · 1977
  2. United States v. McGeeUnited States Court of Military Appeals · 1975
  3. United States v. RiegeU.S. Navy-Marine Corps Court of Military Review · 1978
  4. United States v. SextonU.S. Navy-Marine Corps Court of Military Review · 1975

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