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· 12/15/1869

The E. W. Gorgus

Citations

  • 8 F. Cas. 927
  • 3 Ben. 572

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that realistic approach to elements analysis required
  • holding that realistic approach to elements analysis required
  • imploring military judges to “exercise sound judgment” in dealing with unreasonable charging
  • committing indecent acts held lesser-in- eluded offense of indecent assault — indecent acts is not listed as a lesser-included offense in the Table of Commonly Included Offenses (Appendix 12) in Manual for Courts-Martial, United States, 1969 (Revised edition
  • violation of an enumerated article of UCMJ “per se is either prejudicial to good order and discipline or brings discredit to the armed forces”
  • “the first two elements of the indecent acts offense represent a less serious sexual act than that of sodomy”

Source: CourtListener parenthetical corpus (CC0).

Judges: Benedict

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.