United States v. Waldron

The Court of Military Review and Judge Fletcher apparently consider significant in*39dividual military counsel’s effort to have the case submitted to the court-martial members without instruction on offenses lesser than that charged. I think it appropriate, therefore, to point out, preliminarily, that defense counsel did not intend to relieve the trial judge of responsibility to instruct on those lesser offenses which counsel said “must be instructed on as a matter of law.” Counsel’s remarks indicate that, despite his insistence on limited instructions, he wanted to be certain that if the trial…