Legal Opinion

United States v. Sitren

United States Court of Military Appeals

Decided August 19, 1966No. 19,291PublishedCited by 16 opinions

1Opinion of the Court

Opinion of the Court

KiLDAY, Judge:

We granted the appellant’s petition for review to consider whether the president erred by his failure to instruct the court on self-defense as raised by the evidence.

The appellant was tried and convicted by special court-martial on a charge of assault and battery. The entire thrust of his defense was that he acted in self-defense. He so testified, as did his two witnesses. Trial counsel recognized the issue for, in commenting on the appellant’s testimony in his argument to the court, he stated that the appellant “placed himself within inches of the victim and…

2Cases cited8 opinions

  1. United States v. SmithUnited States Court of Military Appeals · 1963
  2. United States v. GinnUnited States Court of Military Appeals · 1952
  3. United States v. StephenUnited States Court of Military Appeals · 1965
  4. United States v. AmieUnited States Court of Military Appeals · 1957
  5. United States v. BellamyUnited States Court of Military Appeals · 1966

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3Cited by16 opinions

  1. United States v. SheeksUnited States Court of Military Appeals · 1966
  2. United States v. GustafsonUnited States Court of Military Appeals · 1967
  3. United States v. FlippenUnited States Court of Military Appeals · 1967
  4. United States v. PondUnited States Court of Military Appeals · 1967
  5. United States v. SchultzUnited States Court of Military Appeals · 1969

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