United States v. Morgan

OPINION OF THE COURT

WERNER, Judge:

In this appeal from his conviction of the unpremeditated murder of another soldier, the appellant asserts, inter alia, that the military judge erroneously failed to instruct the court on the partial defense of voluntary intoxication and improperly instructed it on the question of adequacy of provocation.1 He prays that we set aside *1056the findings and sentence. We disagree with his assertions and deny his request for relief.

I

At about 2030 hours on the evening of 6-7 January 1989, the appellant and some friends got together at the apartment of the appellant’s…