United States v. Foster

OPINION OF THE COURT

O’HAIR, Senior Judge:

Among other offenses, appellant was charged with committing forcible sodomy *1265with a female airman, Airman (Amn) KLT, in a dormitory room. Prior to argument and instructions on findings, the military judge was persuaded by the trial counsel that the court members should be instructed that indecent assault was a lesser offense of sodomy. The court members were instructed accordingly, and they found appellant not guilty of sodomy, but guilty of indecent assault. Appellant now argues that the offense of indecent assault cannot be a lesser included offense…