United States v. Perry

OPINION OF THE COURT ON FURTHER REVIEW

WOLD, Senior Judge:

In his initial brief filed before this court, appellant argued that the military judge, sitting as trier of fact, rendered fatally inconsistent findings when he acquitted appellant of rape but found him guilty of committing an assault by kissing the face and breast of the victim, unbuttoning and pulling down her pants, and placing his penis into her vagina. In effect, appellant argued that the acquittal of the rape charge was based on a finding that the *670victim had consented to intercourse and that it was inconsistent for the judge to…