United States v. Benton

GRANGER, Judge:

This case was initially acted upon by this Court on 27 January 1978, when we returned the record for a new review and action by a different staff judge advocate and a different convening authority. That action has been completed and the case is again before us. Appellant’s first four assignments of error are rejected. The remaining assertions, however, concerning specific intent and the judge’s failure to instruct on this element have merit.

Appellant was found guilty of solicitation in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934. The…