United States v. Wycliff

Opinion of the Court

Paul W. BROSMán, Judge:

Accused stands convicted, following trial by general court-martial, of assault with intent to commit rape, and as well of sodomy, the former a violation of the Uniform Code of Military Justice, Article 134, 50 USC § 728, and the latter of Article 125, 50 USC § 719. Review by this Court was granted in response to a petition duly filed by the accused.

II

The single issue raised concerns the refusal of the law officer to instruct the members of the court-martial on the elements of the lesser offense of indecent assault, a crime proscribed by Article 134…