United States v. Curry

Opinion of the Court

COX,. Judge:

Appellant stands convicted of striking a superior commissioned officer and communicating a threat to injure that officer, in violation of Articles 90 and 134, Uniform Code of Military Justice, 10 USC §§ 890 and 934, respectively.1 The issue before *78this Court is whether the Court of Military Review erred in holding the military judge was not required to instruct the members on the defense of accident relative to the offense of striking a commissioned officer.2

On May 16, 1990, Boatswain’s Mate Seaman Apprentice Curry was aboard the USS PETREL (ASR-14) deployed in…