United States v. Miller

Opinion of the Court

COOK, Judge:

Contrary to his pleas, the appellant was convicted by a general court-martial with members of forcible sodomy and assault, in violation of Articles 125 and 128, Uniform Code of Military Justice, 10 U.S.C. §§ 925 and 928, respectively. The United States Army Court of Military Review set aside the finding of guilty as to the charge of assault, but approved that of forcible sodomy. We granted review to determine whether the military judge erred to the prejudice of the appellant by excluding evidence relating to the reputation of the victim.

The victim testified…