United States v. Marshall

COOPER, Judge:

The appellant was tried on 9 and 24 September, and 5 and 6 November 1996 by a general court-martial, military judge alone. He was convicted, contrary to his pleas, of one specification of sodomy with JM, a child under the age of 16, in violation of Article 125, Uniform Code of Military Justice, 10 U.S.C. § 925 (1994).1 We have reviewed the record of trial, the appellant’s assignments,2 of error and the Government response. After careful consideration, we conclude that error materially prejudicial to the substantial rights of the appellant was committed. We set aside the findings…