United States v. Lett

I agree that the defense of accident or misadventure was not reasonably raised by the evidence and thus the accused was not entitled to an instruction thereon. The accused’s carrying the switch blade knife into the club, and drawing it when the victim confronted him, were deliberate acts, a foreseeable consequence of which might be death or injury of patrons of the club. United States v. Fammer, 14 U.S.C.M.A. 358, 34 C.M.R. 138 (1963). But at most, the accused under these circumstances would be guilty of involuntary manslaughter, a significantly different offense from that for which he was…