United States v. Sutton

OPINION OF THE COURT

WERNER, Judge:

Contrary to his pleas, appellant was convicted of attempting to rape his eleven-year-old niece, in violation of Article 80, Uniform Code of Military Justice, 10 U.S.C. § 880. His approved sentence provides for a dishonorable discharge, confinement at hard labor for five years, and reduction to Private E-l.

The only issue warranting comment is whether the military judge erred by admitting into evidence, over defense objection, appellant’s grease-stained undershorts. Appellant contended, as he does now, that military criminal investigators seized his undershorts…