17 M.J. 451 | United States Court of Military Appeals | 1984
Opinion of the Court
Appellant was tried by general court-martial in September and October 1981 at Marine Corps Base, Quantico, Virginia. Contrary to appellant’s pleas, the members of this court-martial found him guilty of sodomy, in violation of Article 125, Uniform Code of Military Justice, 10 U.S.C. § 925. He was sentenced to a bad-conduct discharge, total forfeitures, and reduction to pay grade E-l. The convening authority approved this sentence which was also affirmed by the Court of Military Review.
The granted issue for review
WHETHER THE MILITARY JUDGE ERRED IN FAILING TO ADMIT EVIDENCE OF ACCUSED’S GOOD GENERAL MILITARY CHARACTER?
We have examined the record of trial in light of the decisions of this Court in United States v. Piatt, No. 45,416, 17 M.J. 442 (C.M.A. 1984), and United States v. Clemons, 16 M.J. 44 (C.M.A. 1983). A similar result is warranted.
The Government’s evidence in this case tended to show that appellant, acting in the capacity of a military drill instructor during duty hours, committed the alleged offense against an officer candidate in his charge. See United States v. Piatt, supra. Appellant, testifying in his own behalf, denied that the alleged offense occurred and as
The decision of the United States Navy-Marine Corps Court of Military Review is reversed. The findings of guilty and the sentence are set aside. The record of trial is returned to the Judge Advocate General of the Navy. A rehearing may be ordered.
Our resolution of the granted issue makes it unnecessary to address the specified issue in this case.