United States v. McMaster

I dissent. In United States v. Beene, 4 U.S.C.M.A. 177, 15 C.M.R. 177 (1954), the Court of Military Appeals held that drunk driving and involuntary manslaughter are separate offenses, even where the aggravating factor of injury is alleged in the drunk driving specification. Accord United States v. Mabry, 2 M.J. 412 (A.C.M.R.1975). Beene has not been overturned by the summary disposition in United States v. Mallery, 14 M.J. 212 (C.M.A.1982). A summary disposition is based on the particular facts of that case and disposes only of that particular case. See United States v. Fox, 10 M.J. 176…