United States v. Turner

OPINION OF THE COURT

COOK, Judge:

Appellant was tried for committing two assaults; one with intent to commit rape and the other with a force likely to produce grievous bodily harm. These crimes were alleged as violations of Articles 134 and 128 (10 U.S.C. §§ 934 and 928), respectively. A general court-martial, consisting solely of a trial judge, found appellant, contrary to his pleas, not guilty of the Article 134 charge, but guilty, in lieu thereof, of a simple assault under Article 128, Uniform Code of Military Justice, (UCMJ), and guilty as charged of the assault originally charged as an…