United States v. Jones

OPINION OF THE COURT

KUCERA, Judge:

The appellant was charged with consensual sodomy and assault with intent to commit murder in violation of Articles 125 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 925 and 934 (1976). At a general court-martial he was convicted of the sodomy and the lesser included offense of aggravated assault, a violation of Article 128, UCMJ, 10 U.S.C. § 928 (1976). He was given a sentence of a bad-conduct discharge, confinement at hard labor for 18 months, forfeiture of all pay and allowances, and reduction to the grade of Private E-l. At the time of the…