United States v. Clansey

Opinion of the Court

Robert E. Quinn, Chief Judge:

Intermediate appellate authorities affirmed the accused’s conviction for assault with a dangerous weapon (a knife) upon a German civilian, in violation of Article 128, Uniform Code of Military Justice, 50 USC § 722. He petitioned this Court for further review. We granted the petition to determine whether the law officer was required to instruct on the right to resist an allegedly illegal apprehension.

It is the general rule that a person has a right to defend himself against an illegal arrest or appre- hension. The force used, however, cannot…