United States v. Fioco

Opinion of the Court

Robert E. Quinn, Chief Judge:

The accused was convicted of committing a lewd and lascivious act upon, a six-year-old girl with the intent to gratify his sexual desires, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. The conviction was affirmed by the convening authority and the board of review. The Judge Advocate General of the Navy certified the following question for our consideration:

“As a matter of law, did the prosecution present sufficient evidence independent of the accused’s extrajudicial confession to establish that the particular…