United States v. Towers

Opinion of the Court

COX, Judge:

Appellant was tried by general court-martial for committing two indecent acts upon an 8-year-old female child, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.1 2Despite his pleas, he was convicted and sentenced to be dishonorably discharged, confined for 6 months, and reduced to E-3. The convening authority approved the sentence and the Court of Military Review affirmed in a per curiam opinion. We granted review of the following assigned issue:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY DISALLOWING A DEFENSE CHALLENGE *144FOR…