w i t h ( a n d ) ( a n d )( o t h e r s t o t h e n u m b e r o f aboutwhose names are unknown)f o r t h e p u r p o s e o f ( r e s i s t i n g t h e p o l i c eo f ) ( a s s a u l t i n g p a s s e r s - b y )(), and in furtherance of said pur-pose did (fight with said police) (assault certain per-s o n s , t o w i t : ) ( ) , t othe terror and disturbance of.(2)
Breach of the peace.
In that(personal jurisdiction data),did, (at/on board—location) (subject-matter jurisdic-t i o n d a t a , i f r e q u i r e d ) , o n o rabout20, (cause) (participate in)a breach of the peace by (wrongfully engaging in afist fight in the dayroom with) (usingt h e f o l l o w i n g p r o v o k i n g l a n g u a g e ( t o -ward), to wit: “,” orwords to that effect) (wrongfully shouting and sing-i n g i n a p u b l i c p l a c e , t o w i t : )().
42. Article 117—Provoking speeches orgestures
Text of statute.
Any person subject to this chapter who usesprovoking or reproachful words or gestures to-wards any other person subject to this chaptershall be punished as a court-martial may direct.
(1) That the accused wrongfully used words orgestures toward a certain person;(2) That the words or gestures used were provok-ing or reproachful; and(3) That the person toward whom the words orgestures were used was a person subject to the code.c.
( 1 )
I n g e n e r a l .
A s u s e d i n t h i s a r t i c l e ,“provoking” and “reproachful” describe those wordsor gestures which are used in the presence of theperson to whom they are directed and which a rea-sonable person would expect to induce a breach of the peace under the circumstances. These words andgestures do not include reprimands, censures, re-proofs and the like which may properly be adminis-t e r e d i n t h e i n t e r e s t s o f t r a i n i n g , e f f i c i e n c y , o rdiscipline in the armed forces.(2)
It is not necessary that the ac-cused have knowledge that the person toward whomthe words or gestures are directed is a person subjectto the code.d.
Lesser included offenses.
Confinement for 6 monthsand forfeiture of two-thirds pay per month for 6months.f.
In that(personal jurisdiction data),did, (at/on board—location) (subject-matter jurisdic-t i o n d a t a , i f r e q u i r e d ) , o n o ra b o u t 20 , w r o n g f u l l y u se ( p r o -v o k i n g ) ( r e p r o a c h f u l ) ( w o r d s , t o w i t ;“:” or words to that effect) (and)( g es t u r e s , t o w i t: ) t o w ar ds (S e r -
geant, U.S. Air Force) ().
43. Article 118—Murder
Text of statute.
A n y p e r s o n s u b j e c t t o t h i s c h a p t e r w h o ,without justification or excuse, unlawfully kills ahuman being, when he—
has a premeditated design to kill;
intends to kill or inflict great bodily harm;
is engaged in an act that is inherently dan-gerous to another and evinces a wanton disregardof human life; or
is engaged in the perpetration or attemptedperpetration of burglary, sodomy, rape, rape of achild, aggravated sexual assault, aggravated sex-ual assault of a child, aggravated sexual contact,aggravated sexual abuse of a child, aggravatedsexual contact with a child, robbery or aggra-vated arson; is guilty of murder, and shall suffersuch punishment as a court-martial may direct,except that if found guilty under clause (1) or (4),he shall suffer death or imprisonment for life as acourt-martial may direct.
(a) That a certain named or described person isdead;(b) Th a t t he d e a t h resulted f ro m t h e act or
omission of the accused;(c) That the killing was unlawful; and(d) That, at the time of the killing, the accusedhad a premeditated design to kill.(2)
Intent to kill or inflict great bodily harm.