Duncan v. Usher

Opinion of the Court

EVERETT, Chief Judge:

I

Appellant, a member of the United States Air Force Reserve serving on active duty, was tried on July 5, 1984, by an Air Force general court-martial at Warner-Robins Air Logistics Center, Georgia, on charges that on various occasions between May 2, 1981, and June 1, 1983, he had raped and committed lewd and lascivious acts upon his adopted daughter, a female under 16 years of age, in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920 and 934, respectively.

Prior to entering pleas, defense counsel moved to dismiss the…