United States v. Jean

Opinion of the Court

At his special court-martial, appellant faced charges alleging, inter alia,1 that on April 10, 1982, at Naval Air Station Memphis, Millington, Tennessee, he resisted being lawfully apprehended by Machinists Mate Second Class Conway “by kicking at the said Conway,” in violation of Article 95, Uniform Code of Military Justice, 10 U.S.C. § 895; and that on the same date and at the same place he assaulted Machinists Mate Second Class Conway “by kicking at the said Conway,” in violation of Article 128, UCMJ, 10 U.S.C. 928.2

*434During the providence inquiry into appellant’s tendered…