United States v. Gittens

Opinion of the Court

Homer Ferguson, Judge:

An Air Force special court-martial convened at Rhein Main Air Base, Germany, convicted the accused • of one specification alleging assault and battery and two specifications of assault upon an air policeman in the execution of his duties, in violation of Articles 128 and 134, Uniform Code of Military Justice, 10 USC §§ 928 and 934, respectively.

In instructing the court-martial on the elements of the latter offenses, the president failed to advise that in order to find the accused guilty, the court must find that under the circumstances the conduct of…