United States v. DeLello

DECISION

ARROWOOD, Judge:

The accused was found guilty by a special court-martial of carnal knowledge and adultery in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920, 934.

Appellate defense counsel contend that the military judge erred to the substantial prejudice of the accused when he instructed the members that evidence of the accused’s uncharged misconduct could be considered for the limited purpose of impeaching his credibility.

*778The only element of the offenses in dispute was whether the accused had sexual intercourse with a 13 year old dependent of a…