United States v. Santistevan

MITCHELL, Senior Judge:

At a contested trial, appellant was convicted by general court-martial (officer members) of forcible sodomy, aggravated assault, kidnapping and assault with intent to commit sodomy. The approved sentence extended to a dishonorable discharge, eight years confinement and accessory punishment. Appellant challenges his conviction on the grounds that mere “incidental movement” of the victim of the sodomy offense cannot be considered kidnapping; the pleading of the kidnapping offense in these circumstances constituted unreasonable and prejudicial multiplication of charges;…