United States v. Harris

PERRY,* Judge

(dissenting):

The appellant was convicted by a general court-martial of sodomy and possession of marihuana, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 925 and 934, respectively. He was sentenced to a bad-conduct discharge, total forfeitures of pay and allowances and imprisonment for one year. The United States Army Court of Military Review has affirmed. We granted review of the conviction of sodomy to consider the appel*61lant’s contention, inter alia, that on the evidence presented, he committed no violation of Article 125. Review of the…