United States v. Hamilton

Opinion of the Court

Homek FeRguson, Judge:

The accused was convicted by special court-martial of assault with a dangerous weapon, to wit: a switch blade knife, in violation of Article 128 of the Uniform Code of Military Justice, 10 USC § 928.

This Court granted review of the following two issues:

“1. Whether the court-martial should have been instructed on assault and battery as a possible lesser included offense.

“2. Whether the court-martial should have been instructed on the right to use reasonable force to prevent or terminate crime.”

The first issue.

Preliminarily, it is noted that no request…