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Legal Opinion

United States v. Evans

United States Court of Military Appeals

Decided September 15, 1967No. 20,077PublishedCited by 26 opinions

1Opinion of the Court

Opinion of the Court

Ferguson, Judge:

A general court-martial convened at DaNang, Republic of Vietnam, by the Commanding General, Third Marine Division, convicted the accused of unpremeditated murder and sentenced him *240to dishonorable discharge, forfeiture of all pay and allowances, confinement at hard labor for seven years, and reduction. Intermediate appellate authorities affirmed, and we granted accused’s petition for review on the question whether the law officer erred in failing to instruct the court, as requested, on the lesser included offense of involuntary manslaughter and, sua sponte,…

2Cases cited7 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. United States v. KueflerUnited States Court of Military Appeals · 1963
  3. United States v. RemeleUnited States Court of Military Appeals · 1963
  4. United States v. JonesUnited States Court of Military Appeals · 1963
  5. United States v. MooreUnited States Court of Military Appeals · 1966

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3Cited by26 opinions

  1. United States v. JacksonUnited States Court of Military Appeals · 1981
  2. United States v. DearingCourt of Appeals for the Armed Forces · 2006
  3. United States v. McGeeUnited States Court of Military Appeals · 1975
  4. United States v. SimmelkjaerUnited States Court of Military Appeals · 1969
  5. United States v. TuckerUnited States Court of Military Appeals · 1968

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