Legal Opinion

United States v. Lombardi

United States Court of Military Appeals

Decided March 27, 1964No. 17,411PublishedCited by 12 opinions

1Opinion of the Court

Opinion of the Court

2Per curiam

The accused was charged before a special court-martial with two offenses but limited his testimony to Charge I, assault on a superior noncommissioned officer in the execution of his office by striking him in the face, in violation of Article 91, Uniform Code of Military Justice, 10 USC § 891. His testimony thereon raised the issue of self-defense on this charge only.

Initially, in his instructions on self-*467defense, the president gave the “like degree of force” instruction which this Court has on several occasions indicated should be discontinued. United States v…

3Cases cited9 opinions

  1. United States v. SmithUnited States Court of Military Appeals · 1963
  2. United States v. RowanUnited States Court of Military Appeals · 1954
  3. United States v. NoeUnited States Court of Military Appeals · 1956
  4. United States v. Acosta-VargasUnited States Court of Military Appeals · 1962
  5. United States v. OdenwellerUnited States Court of Military Appeals · 1962

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4Cited by12 opinions

  1. United States v. SandersUnited States Court of Military Appeals · 1964
  2. United States v. Torres-DiazUnited States Court of Military Appeals · 1965
  3. United States v. HarrisonUnited States Court of Military Appeals · 1970
  4. United States v. TrumanUnited States Court of Military Appeals · 1970
  5. United States v. HartleyUnited States Court of Military Appeals · 1966

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