United States v. Barnes

Quinn, Chief Judge

(dissenting):

I dissent.

I agree with the majority that the law officer’s instructions were errone*795•ous. However, no intent other than that of an intent to kill was reasonably raised by the evidence. Consequently, the accused was not harmed by the erroneous instruction. United States v. Moynihan, 1 USCMA 333, 3 CMR 67.