United States v. Whitfield

OPINION OF THE COURT ON RECONSIDERATION

DRIBBEN, Judge:

Appellant was convicted of attempting with premeditation to murder a fellow soldier. In our opinion of 11 December 1978, we concluded that premeditation is not an element of the offense of attempted murder. We further determined that inclusion of premeditation in the charge gave the government counsel an impermissible advantage in argument. Thus, we affirmed only so much of the Charge and its specification as found that appellant, at the time and place alleged, attempted to murder Jerome S. Smith by means of cutting him with a razor blade,…