United States v. Free
United States Navy Board of Review
1953 WL 2781 (NBR), 14 C.M.R. 466 (1953)
- Written by Salina Kennedy, JD
Facts
Captain Edgar Dauphin Free (defendant) treated an enlisted Marine to dinner at a restaurant, and the two men then drove to various locations in Free’s car to drink beer. At 4 a.m., Free invited the enlisted man to his room in the Bachelor Officers’ Quarters, where Free offered the enlisted man whiskey and then offered to let him sleep in a bed in Free’s room. The enlisted man stripped down to his underwear, got into the bed, and went to sleep. Free later got into the bed with the enlisted man. A court-martial found Free’s interactions with the enlisted Marine prejudicial to the good order and discipline of the armed forces and convicted him of fraternization in violation of Article 134 of the Uniform Code of Military Justice (UCMJ). Free appealed, arguing that his conviction was not supported by the evidence.
Rule of Law
Issue
Holding and Reasoning ()
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