United States v. Darisse

Opinion of the Court

Quinn, Chief Judge:

This is an appeal from a conviction by a special court-martial for wrongfully and willfully discharging a revolver under circumstances as to endanger human life, in violation of Article 134, Uniform Code of Military Justice, 10 USC 934. The accused contends he was prejudiced by an alleged' deficiency in the instructions on the lesser offense of careless discharge of a firearm..At trial, substantial evidence was presented from which it could be concluded beyond a reasonable doubt that, while posted as a guard in an area in which loaded aircraft tankers…