United States v. Joseph

I agree with the conclusion of the majority opinion that appellant could be lawfully found guilty of aggravated assault in violation of Article 128(b)(1), Uniform Code of Military Justice, 10 USC § 928(b)(1). Sufficient evidence was admitted in this case to permit a reasonable person to find beyond a reasonable doubt that appellant assaulted Petty Officer W with a “means or force likely to cause ... grievous bodily harm.” United States v. Johnson, 30 MJ 53 (CMA), cert. denied, 498 U.S. 919, 111 S.Ct. 294, 112 L.Ed.2d 248 (1990); see Commonwealth v. Brown, 413 Pa.Super. 421, 605 A.2d 429…