United States v. Davis

OPINION OF THE COURT

GILLEY, Judge:

Contrary to his pleas, the appellant was found guilty of rape of Ms. S, attempted consensual sodomy with her, and assault consummated by a battery upon Ms. K., in violation of Articles 120, 80, and 128, Uniform Code of Military Justice, 10 U.S.C. §§ 920, 880, and 928 (1982), respectively. The military judge, sitting as a general court-martial, sentenced him to a dishonorable discharge, confinement for fourteen years, and total forfeiture of pay and allowances. The convening authority approved this sentence.

The appellant contends that the evidence failed to…