United States v. Roa

My Brothers say that “[o]ur cases . . . have made it perfectly clear that attempted murder requires a specific intent to kill.” 12 M.J. 210, 212. In my opinion, the generalization is misleading. It may properly be applied only to a specification alleging an attempt to effect the type of murder specified in subdivision (2) of Article 118, Uniform Code of Military Justice, 10 U.S.C. § 918(2). It has no application, however, to an attempt to commit the type of murder specified in subdivision (3) of the article.

Although the form of each of the specifications in issue brings this case within…