United States v. Miller

Opinion of the Court

GEORGE W. Latimer, Judge:

Appellant, an Army sergeant, was tried by a general court-martial under a charge of sodomy, in violation of Article 125, Uniform Code of Military Justice, 50 USC § 719. The court-martial found him not guilty of that offense, but guilty of an attempt to commit sodomy under Article 80, Uniform Code of Military Justice, 50 USC § 674. His sentence ran to dishonorable discharge, total forfeitures, and confinement for three years. The convening authority approved, and a board of review affirmed the findings and sentence. This Court granted review on the…