United States v. Waldron

Opinion

FLETCHER, Judge:

Pursuant to Article 67(b)(2), Uniform Code of Military Justice, 10 U.S.C. § 867(b)(2), the Judge Advocate General of the Navy has certified to us the following question:

WAS THE UNITED STATES NAVY COURT OF MILITARY REVIEW CORRECT, AS A MATTER OF LAW, IN SETTING ASIDE THE ACCUSED’S CONVICTION OF THE OFFENSE OF ASSAULT IN WHICH GRIEVOUS BODILY HARM WAS INTENTIONALLY INFLICTED AND DISMISSING THE CHARGE, ON THE BASIS THAT THE MILITARY JUDGE IMPROPERLY INSTRUCTED THE MEMBERS ON THE LESSER INCLUDED OFFENSES, OTHER THAN VOLUNTARY MANSLAUGHTER, WHERE THE ACCUSED OBJECTED AND…