United States v. Eiland

ORR, Senior Judge:

This general court-martial is before us on an appeal by the Government pursuant to Article 62, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 862, from an order entered by the military judge at trial abating the proceedings due to the unavailability of two witnesses requested by the accused/appellee. A military judge’s order abating a court-martial proceeding is the functional equivalent of a ruling that terminates the proceedings and is a proper subject for a Government appeal under Article 62. United States v. True, 28 M.J. 1, 2 (C.M.A.1989).

I

The appellee was…