United States v. Mitchell

OPINION OF THE COURT

MITCHELL, Senior Judge:

The primary issue in this case is the degree of a father’s criminal liability for the unintentional killing of his infant daughter. We are asked to decide whether the evidence is legally sufficient to sustain the conviction of involuntary manslaughter instead of only the lesser included offense of negligent homicide to which the accused pled guilty.1 We find it is and affirm.

Involuntary manslaughter as defined by Article 119(b)(1) of the Uniform Code of Military Justice, 10 U.S.C. § 919 (1976), is the killing of a human being by culpable negligence…