United States v. Allen

Opinion of the Court

Ferguson, Judge:

The accused was convicted by general court-martial of unpremeditated murder, in violation of Article 118, Uniform Code of Military Justice, 10 USC § 918. We granted review to determine the validity of his conviction in light of the Supreme Court’s decision in O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969).

The facts of the case, related in the main by eyewitnesses, reflect that the accused and another seaman got into an argument while riding on a Virginia Transit Bus from the city of Norfolk, Virginia, to the Norfolk Naval Station. As…