United States v. Rine

(concurring) :

I concur.

Self-defense, if raised even minimally, should be tested by a jury, properly instructed. Cf. United States v Holly, 18 USCMA 413, 40 CMR 125. Where the appellant’s own testimony counters this defense, obviously it is not an issue. Accordingly, I join with the Chief Judge in affirming the decision of the board of review.