United States v. Berg

Opinion of the Court on Reconsideration

COX, Judge:

The United States has petitioned this Court for reconsideration of our decision in United States v. Berg, 30 MJ 195 (CMA 1990), where we agreed with the Court of Military Review1 that the evidence regard*39ing an unpremeditated murder charge was insufficient to support a finding that the accused’s conduct was “inherently dangerous to others and evince[d] a wanton disregard of human life” under Article 118(3), Uniform Code of Military Justice, 10 USC § 918(3). An instruction given to the members on that theory was, therefore, prejudicial error.…