United States v. Taylor

OPINION OF THE COURT UPON FURTHER REVIEW

KASTL, Senior Judge:

Appraising the results of a hearing we directed under United States v. Dubay, 17 U.S.C.M.A. 147, 37 C.M.R. 411 (1967), we: (a) set aside findings of guilty as to rape; and (b) order a new trial as to indecent acts.

History of the Case

Sergeant Taylor was convicted by a general court-martial consisting of members of rape and indecent acts with his step-daughter, MC. His approved sentence is a dishonorable discharge, seven years confinement, total forfeitures, and reduction to airman basic.

After trial, MC (the principal prosecution…