United States v. Johnson

Opinion of the Court

GeoRge W. Latimee, Judge:

Accused was charged with the murder of Lee Kum Song, a Korean national, in violation of Article 118, Uniform Code of Military Justice, 50 USC § 712. He was tried by a general court-martial, found guilty of unpremeditated murder, and sentenced to a dishonorable discharge, total forfeitures, and confinement at hard labor for fifteen years. The convening authority approved the findings and sentence; but the board of review, holding that the instructions on the elements of involuntary manslaughter, a lesser included offense, were insufficient, reversed…