United States v. Blankenship

Opinion of the Court

Robert E. Quinn, Chief'Judge:

A general court-martial in Japan convicted the accused of premeditated murder (Charge I) and assault with the intent to commit murder (Charge II), in violation of Articles 118 and 134, *330Uniform Code of Military Justice, 50 USC § 712 and § 728, respectively. It adjudged a sentence which includes confinement at hard labor for life. Intermediate appellate authorities affirmed. We granted review.

At the end of the working day on January 20, 1955; Sergeants Thaxton and Argyle engaged in some drinking at the NCO Club at Itami Air Base. Later, they…