United States v. Miller

Opinion of the Court

Per Curiam::

Although it was reasonably placed in issue by the evidence, the law officer failed to inform the court-martial of the elements of simple assault, in violation of Uniform Code of Military Justice, Article 128, 10 USC § 928, as a lesser included offense of specification 1 of Charge III, which alleges that the accused assaulted his superior noncom-missioned officer, in violation of Code, supra, Article 91, 10 USC § 891. This omission requires that the findings of guilty with respect to this offense be set aside. United States v Simmons, 1 USCMA 691, 5 CMR 119;…