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Legal Opinion

United States v. Clay

United States Court of Military Appeals

Decided September 12, 1958No. 11,348PublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court

Homer Ferguson, Judge:

Tried by an Army general court-martial, convened at Frankfurt, Germany, the accused was convicted of assault with a dangerous weapon, to wit: a knife, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928.

The law officer failed to instruct on assault and battery as a lesser included offense. This Court granted review solely on the issue whether his failure to do so was prejudicial. The facts giving rise to the controversy briefly are as follows: The accused and his victim became embroiled in a fight following an attempt by each…

2Cases cited15 opinions

  1. United States v. ClarkUnited States Court of Military Appeals · 1952
  2. United States v. DavisUnited States Court of Military Appeals · 1953
  3. United States v. CraigUnited States Court of Military Appeals · 1953
  4. United States v. McVeyUnited States Court of Military Appeals · 1954
  5. United States v. HobbsUnited States Court of Military Appeals · 1957

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3Cited by6 opinions

  1. United States v. McGeeUnited States Court of Military Appeals · 1975
  2. United States v. ThompsonUnited States Court of Military Appeals · 1959
  3. United States v. HamiltonUnited States Court of Military Appeals · 1959
  4. United States v. SasserUnited States Court of Military Appeals · 1960
  5. United States v. MillerUnited States Court of Military Appeals · 1962

1 more not listed; retrieve them via the Exa API.

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