United States v. Daniel

I dissent.

The accused’s testimony and belated plea of guilty to involuntary manslaughter, in violation of Uniform Code of Military Justice, Article 119, 10 USC § 919, admit only that he, without justification or excuse, proximately *497caused the death of Thomas Schaupp by an act which at least involved culpable negligence. The theme of the principal opinion seems to be it also had the effect of eliminating all other lesser included offenses from issue— a sort of “all or a little bit” variation on the “all or nothing” theory which this Court rejected in United States v Moore, 12 USCMA 696, 31 CMR…