United States v. McMonagle

This case should be returned to the convening authority for a rehearing. The findings are ambiguous and should be clarified. In addition, the instructions from the military judge were deficient and prejudicial to the accused. Even if these significant legal errors were not present in the case, I would find that the evidence was factually insufficient to sustain the conviction for murder.

I

This case has been presented on appeal to this Court by both appellate counsel on the premise that the appellant was convicted of a violation of Article 118(3) of the Uniform Code of Military Justice. That…