Articles Tagged with article 134

United States v. Moore, decided 28 October 2010.

Appellant alleges, inter alia, that assault with intent to commit rape is not a lesser-included offense of rape under United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010) and that his conviction should be set aside.  We agree, and provide relief in our decretal paragraph.  Because we decide the case on the basis of this assignment of error, we do not consider appellant’s other allegations.

Also a quick note about “notice.”

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