United States v. Hamilton

Opinion of the Court

Paul W. BROSMAN, Judge:

The accused, Hamilton, was tried by general court-martial under a specification alleging that “in the presence of the enemy, [he] was guilty of cowardly conduct, in that he wrongfully failed to join his patrol as medical aid man as it was his duty to do” — a violation of the Uniform Code of Military Justice, Article 99, 50 USC § 693. Pursuant to instructions from the law officer to the effect that the specification contained as an included offense the crime of wrongful failure to perform duty in the presence of the enemy, in violation of Article 134…