United States v. Schumacher

Judge STUCKY delivered the opinion of the Court.

We granted review in this case to determine whether the military judge erred by not giving a self-defense instruction in regard to an assault charge for pointing a pistol at a member of the military police (MP). We also specified an additional issue, without briefs: Whether the specification alleging communication of a threat under Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2006), failed to state an offense. We hold that the military judge did not err in not giving the self-defense instruction because the evidence did…