United States v. Batchelor

(concurring in the result) :

Although I agree generally with the principal opinion, I have reservations regarding its discussion of Article 105, Uniform Code of Military Justice, 50 USC § 699. Having in mind the treatment accorded our military personnel while prisoners of war in the hands of the enemy in Korea, I can readily imagine a situation in which the sacrifice of one prisoner is essential to the preservation of the lives of all. Here, the defense counsel’s requested instruction attempted to raise that issue. He emphasized that a purpose to help all prisoners would not constitute the…