Legal Opinion

United States v. Rodriguez

U S Air Force Court of Military Review

Decided November 16, 1979No. ACM 22518PublishedCited by 5 opinions

1Opinion of the Court

DECISION

ARROWOOD, Judge:

It is charged that the accused did by. culpable negligence unlawfully kill his wife by shooting her in the head with a .25 caliber automatic pistol, in violation of Article 119, Uniform Code of Military Justice, 10 U.S.C. § 919. The military judge was requested to give an instruction on the defense of accident, but he decided the issue had not been reasonably raised by the evidence and refused the instruction. Appellate defense counsel now assert that he erred in that decision. They also contend that evidence of accused’s intoxication and his testimony that he “did not…

2Cases cited16 opinions

  1. Mincey v. ArizonaSupreme Court of the United States · 1978
  2. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  3. Lewis L. Wayne v. United StatesCourt of Appeals for the D.C. Circuit · 1963
  4. United States v. GravesUnited States Court of Military Appeals · 1975
  5. United States v. Salvatore J. BaroneCourt of Appeals for the Second Circuit · 1964

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3Cited by5 opinions

  1. United States v. MonsU.S. Navy-Marine Corps Court of Military Review · 1982
  2. United States v. DillonU S Air Force Court of Military Review · 1983
  3. United States v. CurryNavy-Marine Corps Court of Criminal Appeals · 1997
  4. United States v. GammonUnited States Court of Military Appeals · 1983
  5. United States v. LettU S Air Force Court of Military Review · 1980

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