United States v. Grimes

Hard facts oftentimes make bad law. The facts in this case admittedly are hard. The law announced in the principal opinion is assuredly bad. In United States v Williams, 8 USCMA 325, 24 CMR 135, we held that it constituted prejudicial error for a law officer to fail to instruct where an accused is charged with an Article 134 offense (Uniform Code of Military Justice, 10 USC § 934), that in order to find him guilty, the court-martial must find that the conduct involved was prejudicial to good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.…