United States v. Fosler

70 M.J. 225 (2011)

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United States v. Fosler

United States Court of Appeals for the Armed Forces
70 M.J. 225 (2011)

Facts

Lance Corporal James N. Fosler (defendant) was charged with adultery in violation of Article 134 of the Uniform Code of Military Justice (UCMJ). Fosler’s charge and specification alleged solely that Fosler, a married man, wrongfully had sexual intercourse with a woman who was not his wife. Fosler moved to dismiss, arguing that the prosecution had failed to allege all of the necessary elements of an Article 134 violation and had thus failed to state an offense. The military judge denied Fosler’s motion, and he was convicted of adultery in violation of Article 134. The convening authority approved the conviction, and the United States Navy-Marine Corps Court of Criminal Appeals affirmed. Fosler appealed.

Rule of Law

Issue

Holding and Reasoning (Stucky, J.)

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