United States v. Davis

OPINION OF THE COURT

SMITH, Judge:

Contrary to his pleas, the appellant was convicted by a general court-martial composed of officer members of three specifications of assault consummated by a battery, in violation of Article 128, UCMJ, 10 U.S.C. § 928. He was acquitted of two specifications of rape and one specification of indecent assault, in violation of Articles 120 and 134, UCMJ, 10 U.S.C. §§ 920, 934. Even though the appellant was acquitted of those latter offenses, the disposition of those charges is germane to our consideration of his assignment of error. The convening authority…