United States v. Fuentes

OPINION OF THE COURT

JONES, Senior Judge:

On the evening of 25 July 1978, the appellant stabbed a fellow soldier (Private Up-shaw) in the back four times while the victim lay prone on the floor of a barracks latrine. Appellant was assisted in this assault by Private Cyr. Both were charged with assault with intent to commit murder, a violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. Cyr was also charged with an aggravated assault on the victim in violation of Article 128, *831UCMJ, 10 U.S.C. § 928.1 They were tried separately.

We are concerned with whether appellant’s…