United States v. Backley

Opinion of the Court

Paul W. Brosman, Judge:

An Army general court-martial has convicted the accused, Baekley, of an assault in which grievous bodily harm was intentionally inflicted with a weapon, a violation of the Uniform Code of Military Justice, Article 128, 50 U.S.C. § 722. Following approval by the convening authority and affirmance by a board of review, this Court granted accused’s petition for further review, limited, however, to a single issue:

“Whether the failure of the law officer to instruct on intoxication as relating to specific intent was prejudicial error.”

II

The operative facts…