United States v. Cooper

Opinion of the Court

SULLIVAN, Chief Judge:

During the last months of 1988, appellant was tried by a general court-martial composed of officer and enlisted members at Fort Hood, Texas. He was charged1 with the rape of Mrs. M. on August 3, 1988, and adultery with that same woman on the same date, in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 USC §§ 920 and 934, respectively. He pleaded not guilty to rape but guilty to the adultery.2 He was found guilty of both rape and adultery, but the findings of guilty to adultery were set aside by the military judge as included…