United States v. Holly

I join Judge Darden in his exception to the principal opinion. As to the two particulars on which he agrees with Judge Ferguson for reversal, I am constrained to register my dissent.

While the doctrine of self-defense does not limit the individual to the exercise of exactly the same kind of force as is used against him by an assailant, recourse to a deadly weapon in resisting an assault made without a deadly weapon is excusable only if it appears to be reasonably necessary to prevent death or grievous bodily harm. United States v Regalado, 13 USCMA 480, 33 CMR 12; United States v Gordon, 14…