United States v. Torres

Judge OHLSON delivered the opinion of the Court.

At a general court-martial composed of officer members, Appellant was convicted contrary to his plea of one specification of aggravated assault under Article 128, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 928 (2012).1 Specifically, Appellant was found guilty of “commit[ting] an assault ... [on his wife] by choking her throat with his hands with a force likely to produce death or grievous bodily harm.”

At trial, the defense sought to show that Appellant assaulted his wife while in an altered state of consciousness following an epileptic…