United States v. Kuefler

The failure to instruct on a lesser offense placed in issue by “sufficient credible evidence” is reversible error, unless the omission is waived by the defense. United States v Farris, 9 USCMA 499, 501, 26 CMR 279; cf. United States v Holley, 5 USCMA 661, 664, 18 CMR 285; United States v Remele, 18 USCMA 617, 33 CMR 149. This record of trial does not contain such evidence.

The accused was charged with breaking into a weapons room with the intent to commit larceny. The room was in the upper part of a two-story aircraft dock; it was partitioned off from a larger area by plywood walls, with chain…