United States v. Bender

Opinion of the Court

COX, Judge:

This case requires us to consider whether the military judge erred when he admitted prior uncharged misconduct into evidence against appellant. Mil.R.Evid. 404(b), Manual for Courts-Martial, United States, 1984. Appellant was charged with committing indecent acts upon his 10-year-old daughter. The alleged acts included fondling her breasts and vagina. To meet its burden of proof, the Government not only had to prove that the acts occurred but also “[t]hat the accused committed the act with intent to arouse, appeal to, or gratify the lust, passions, or sexual…