United States v. Nutter

OPINION OF THE COURT

WOLD, Senior Judge: *

I

Appellant was charged with forcible sodomy and assault with a means likely to produce grievous bodily harm (Articles 125 and 128, Uniform Code of Military Justice, 10 U.S.C. §§ 925, 928 (1982)). The aggravated assault specification alleged that appellant assaulted the victim “by striking him about the head, face, and body with means and force likely to produce grievous bodily harm, to wit: closed fists.” The sodomy specification alleged only that appellant committed sodomy with the victim “by force and without [his] consent.” Thus the forcible sodomy…