United States v. Crumb

This case presents an issue that the Court of Military Appeals did not have to face in United States v. Salley, 9 M.J. 189 (C.M.A.1980), with regard to the reasonable doubt instruction. In that case, where there was no objection to the instruction and no re*527quest for clarification, the Court of Military Appeals condemned the instructional reference to “substantial doubt” and stated it should be avoided in the future. The Court, recognizing in its precedents and in those of the federal courts, a “reluctance to reverse because of the use of the instruction-at least absent an objection by defense…