United States v. Gately

DECISION

HODGSON, Chief Judge:

The issue before the Court is whether the conditional words used to communicate a threat negated its intent.

In United States v. Shropshire, 20 U.S.C.M.A. 374, 43 C.M.R. 214 (1971), Judge Darden stated:

[E]very threat unexecuted involves some contingency, if none other than that the maker’s purpose be not abandoned, or that execution by him be not prevented. But if an utterance is conditioned on a variable that cannot occur, the condition negates the threat, [emphasis supplied]

This principle has its roots in English and American common law. For example, to lay one’s…