United States v. Anderson

Opinion of the Court

Quinn, Chief Judge:

Among other offenses, the accused was convicted by a general court-martial of sodomy, in violation of Article 125, Uniform Code of Military Justice, 10 USC § 925 (Charge II). He contends the conviction must be reversed because the law officer’s instructions were insufficient to apprise the court-martial of the effect of his testimony that he was asleep when the alleged act was performed.

After some drinking at a local bar, the accused went to Specialist Hutch-ins’ room. Hutchins testified the accused forced him to commit the offense. In a written pretrial…