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Legal Opinion

United States v. Burke

U.S. Navy-Marine Corps Court of Military Review

Decided October 7, 1977No. NCM 77 1290PublishedCited by 7 opinions

1Opinion of the Court

NEWTON, Senior Judge:

A fist fight and stabbing in a parking lot near a barracks on board a Marine Corps base gives rise to the appellant’s conviction, contrary to plea, of two offenses of assault and battery with his fists. The appellant and three or four companions became engaged in a fight with two other Marines. The latter two persons lost the fight. One of the losers was stabbed as well as beaten. The appellant does not appear to have had any connection with the stabbing—the members of the larger group appear to have been acting independently, but in concert, in the fight. The knife…

2Cases cited9 opinions

  1. United States v. GoodeUnited States Court of Military Appeals · 1975
  2. United States v. PaleniusUnited States Court of Military Appeals · 1977
  3. McPhail v. United StatesUnited States Court of Military Appeals · 1976
  4. United States v. HeardUnited States Court of Military Appeals · 1977
  5. United States v. BestUnited States Court of Military Appeals · 1955

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

3Cited by7 opinions

  1. United States v. PostleU.S. Navy-Marine Corps Court of Military Review · 1985
  2. United States v. WagerU.S. Navy-Marine Corps Court of Military Review · 1980
  3. United States v. LambU.S. Navy-Marine Corps Court of Military Review · 1978
  4. United States v. DixonU.S. Navy-Marine Corps Court of Military Review · 1980
  5. United States v. FranklinU S Air Force Court of Military Review · 1977

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

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