United States v. Burgess

Opinion of the Court

GEORGE W. LatimeR, Judge:

This cause is before the Court on certification by The Judge Advocate General, United States Army, and the issue concerns the decision of the board of review which set aside the findings and sentence as incorrect in law and ordered a rehearing of the cause.

The accused was tried by a general court-martial in Bamberg, Germany, upon charges alleging assault with intent to commit rape. He pleaded not guilty and the court-martial found him to be not guilty of the offense charged but, by exception and substitution, guilty of the lesser included offense…