United States v. Hooper

(dissenting);

I dissent.

As I believe my brothers do no more than affirm this case on an ad hoc basis, I am unable to join in their conclusion, unsupported by the record of trial and our previous opinion in United States v Hooper, 9 USCMA 637, 26 CMR 417.

The accused, a retired naval officer, was tried by general court-martial and convicted of sodomy, in violation of Uniform Code of Military Justice, Article 125, 10 USC § 925; public association with known sexual deviates, in violation of Code, supra, Article 133, 10 USC § 933; and the commission of an indecent, lewd, and lascivious act, in…