United States v. Wilhite

DECISION

KASTL, Senior Judge:

Carnal knowledge under Article 120, UCMJ, 10 U.S.C. § 920, requires, as an essential element, proof that the victim is not the accused’s wife. MCM, Part IV, paragraph 45b(2)(b). In this case, the appellant argues that no direct evidence proves this necessary element regarding his conduct with NR, the prosecutrix; because of this shortfall, he argues that his conviction must be set aside. For its part, the Government characterizes the case as solid but for this “one little tidbit of obvious information.” We affirm the appellant’s conviction.

Despite pleas of not…