Legal Opinion

United States v. Wales

United States Court of Military Appeals

Decided September 28, 1990No. 63,935; ACM 27300PublishedCited by 33 opinions

1Opinion of the Court

Opinion

EVERETT, Chief Judge:

Once again, we must review an officer’s conviction for fraternizing with an enlisted person.1 Once again, the gravamen of the fraternization charge is that there was sexual intercourse between the two.2 Once again, the fraternization charge has been joined for trial with an adultery charge arising out of sexual intercourse between the same two persons.3

I

A

Captain Wales was charged in two specifications with fraternization, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. The first specification alleged that he

did, while on a military…

2Cases cited13 opinions

  1. United States v. SalesUnited States Court of Military Appeals · 1986
  2. Lambert v. CaliforniaSupreme Court of the United States · 1958
  3. Muncie Aviation Corporation v. Party Doll Fleet, Inc.Court of Appeals for the Fifth Circuit · 1975
  4. United States v. SuzukiUnited States Court of Military Appeals · 1985
  5. United States v. JohannsUnited States Court of Military Appeals · 1985

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3Cited by33 opinions

  1. United States v. AyersCourt of Appeals for the Armed Forces · 2000
  2. United States v. AppelUnited States Court of Military Appeals · 1990
  3. United States v. MooreUnited States Court of Military Appeals · 1994
  4. United States v. ParrilloU S Air Force Court of Military Review · 1990
  5. United States v. FoxUnited States Court of Military Appeals · 1992

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