United States v. Gore

OPINION OF THE COURT

MILLER, Senior Judge:

Appellant was charged with attempted robbery, indecent assault, assault with intent to commit rape and assault with intent to commit sodomy, in violation of Articles 80 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 880 and 934 (1976). At his general court-martial he was acquitted of attempted robbery and in the three remaining instances, found guilty of the lesser included offense, assault consummated by a battery, in violation of Article 128, UCMJ, 10 U.S.C. § 928 (1976). He was sentenced to a bad-conduct discharge, confinement at…