Legal Opinion · Concurrence

United States v. Jackson

United States Court of Military Appeals

Decided January 28, 1966No. 18,646Published

1ConcurrenceKilday, Judge

I concur.

In my view, the issue of self-defense *610is’ reasonably raised by the evidence here. The law officer, therefore, correctly undertook to instruct the court members thereon, in order that they might consider and resolve that contested question in deliberating on accused’s innocence or guilt.

The governing principles of self-defense, as I perceive them, are delineated by our prior opinions. In homicide cases, two essential elements are involved. The first element requires that the accused honestly and reasonably believe he is in danger of death or serious bodily injury. This is a purely…

2Cases cited12 opinions

  1. United States v. SmithUnited States Court of Military Appeals · 1963
  2. United States v. Acosta-VargasUnited States Court of Military Appeals · 1962
  3. United States v. RegaladoUnited States Court of Military Appeals · 1963
  4. United States v. GordonUnited States Court of Military Appeals · 1963
  5. United States v. BrownUnited States Court of Military Appeals · 1963

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