United States v. Cooke

Opinion of the Court

COOK, Senior Judge:

Appellant was tried by a general court-martial with members. Contrary to his pleas, he was convicted of drunk driving, reckless driving, and involuntary manslaughter, in violation of Articles 111 and 119, Uniform Code of Military Justice, 10 U.S.C. §§ 911 and 919, respectively.* We granted review of the following assigned issue:

WHETHER, IN A PROSECUTION FOR DRUNKEN DRIVING, RECKLESS DRIVING AND INVOLUNTARY MANSLAUGHTER, THE MILITARY JUDGE ERRED BY FAILING TO GIVE THE REQUESTED INSTRUCTION ON CONTRIBUTORY NEGLIGENCE WHEN THAT DEFENSE WAS REASONABLY RAISED…