United States v. Davis

OPINION OF THE COURT

Before FULTON, COHEN and NAUGHTON, Appellate Military Judges. PER CURIAM:

Appellant was convicted, contrary to his pleas, of assault with intent to commit sodomy and communication of a threat. He now contests the findings of guilty of the first offense. He contends there is insufficient evidence that he intended to engage in forcible sodomy, that the offense of assault with intent to commit sodomy requires an intent to commit nonconsensual sodomy, and, therefore, that he is not guilty of the charged assault. We disagree.

The facts are essentially undisputed. Appellant…