United States v. Gooden

Regarding the second assignment of error, I agree that giving an instruction on aiding and abetting was not error but for a different reason. Appellant, as a parent of D, had a legal duty to protect the health and welfare of his son and to obtain medical treatment for any significant injury to him. See United States v. Robertson, 33 M.J. 832 (A.C.M.R.1991). Evidence was admitted to suggest that appellant’s wife M caused all or some of the injuries suffered by the child that were evident from the numerous scars on D’s body. Appellant lived in the same house as M and D, and the evidence was…