- in the absence of any legal authority suggesting that appellant had a legal “duty” to abandon his post and strike out on his own to inspect a Haitian penitentiary, or to commit other offenses, the military judge did not err in declining to give a “justification” instruction which would provide a defense for a “death, injury, or other act caused or done in the proper performance of a legal duty.” See RCM 916(c)
CAAF Opinion Digest · III.B.12 · Defenses
Justification
1 digested opinion, 1999–1999 Terms
1999
Source and status
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page IIIB12 · Always confirm a holding against the opinion itself (linked from each case name).