United States v. King

OPINION OF THE COURT

GILLEY, Judge:

A general court-martial consisting of officer and enlisted members convicted the appellant of “wrongfully commit[ting] an indecent act with Private E1 [L] by engaging in group sex with members of lower grades” in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934 (1982) [hereinafter UCMJ]. The appellant was tried on specifications that he did “rape on or about 8 November 1987 Private E1 [L]” and commit sodomy with her “by force and without [her] consent,” in violation of Articles 120 and 125, UCMJ 10 U.S.C. §§ 920, 925, respectively.…