United States v. Rauscher

Appellant was charged under Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2006), with assault with intent to commit murder but convicted, contrary to his pleas, of assault with a deadly weapon or other means or force likely to produce death or grievous bodily harm, under Article 128, UCMJ, 10 U.S.C. § 928 (2006). We granted review to consider whether “aggravated assault is a lesser included offense of an Article 134 specification that fails to allege the terminal element” — that Appellant’s conduct was prejudicial to good order and discipline or was of a nature to…