United States v. Brundidge

OPINION OF THE COURT

WOLD, Senior Judge:

Pursuant to his plea appellant was found guilty of committing an indecent, lewd and lascivious act with Private B in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. The act alleged was sexual intercourse between appellant and Private B in the presence of Specialist D and Private T. The providence inquiry establishes that the act of intercourse took place in Specialist D’s sleeping area in a darkened three-person barracks room. Specialist D and Private T were in the common area of that barracks room, which was screened from…