United States v. Urbina

*964OPINION OF THE COURT

BADAMI, Judge:

The main issue in this case is whether statements made by the five-year-old molestation victim to her mother and an agent, a member of the Army Criminal Investigation Division (CID), were admissible in evidence as excited utterances under Rule 803(2) of the Military Rules of Evidence.

Appellant was found guilty by the members of a court-martial of sodomy, lewd and lascivious acts, and indecent exposure in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 925 and 934 (1976). He was sentenced to a dishonorable discharge and…