United States v. Hunt

DECISION

ARROWOOD, Judge:

The accused was tried for the offense of sodomy in violation of Article 125, Uniform Code of Military Justice, 10 U.S.C. § 925. The military judge found that no lesser included offenses had been raised by the evidence and instructed the court-martial only as to the charged offense. Appellate defense counsel assert that several lesser included offenses were raised by the evidence and that the military judge’s failure to so instruct the court-martial was error. We agree.

The evidence related to this issue comes from three sources: the victim, the investigator and the…