United States v. Evans

The majority hold that in two particulars the law officer’s instructions are fatally deficient: First, because he failed to instruct fully on justifiable homicide; and, second, because he declined to instruct on the lesser offense of involuntary manslaughter. I disagree with both conclusions, for I find neither supported by the record -of trial.

No one will seriously challenge the right of an individual charged with the duty of apprehending suspected felons to use all reasonable force to accomplish his mission. But killing is-a last resort, not a first thought, and is justified only by…