United States v. Rich

OPINION OF THE COURT

CARMICHAEL, Judge:

Contrary to his pleas, the appellant was convicted of burglary and assault with intent to commit rape in violation of Articles 129 and 134, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 929 and 934 (1982).

Two of the appellant’s three assignments of error challenge the sufficiency of the evidence to sustain this conviction. The appellant argues that his conviction must be reversed because the government failed to prove that the victim was not his wife.

Admittedly, trial counsel did not ask the victim whether or not she was the wife of…