United States v. Magargel

Opinion of the Court

Quinn, Judge:

This accused was involved in the same incident as the accused in United States v Sikorksi, 21 USCMA 345, 45 CMR 119, decided this date, but was tried separately. The court-martial acquitted him of conspiracy to commit robbery and murder, and murder, but convicted him of assault with intention to inflict grievous bodily harm, as a lesser offense included within the murder charge, and of robbery. We granted review, without requiring briefs, to consider an instructional issue as to which we had earlier granted review in the Sikorski case.

Sikorski’s trial was…