United States v. Pemberton

Opinion of the Court

Quinn, Chief Judge:

Although charged with assault, in which he intentionally inflicted grievous bodily harm, the accused was convicted by a general court-martial in Korea of the lesser offense of assault with a dangerous weapon, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928, and sentenced to confinement at hard labor for twelve months, forfeitures for the same period, and reduction to Private E-l. On this appeal, he contends he was prejudiced by an erroneous instruction as to his theory of defense.

The charge arose out of an altercation between…