United States v. Seek

*947DECISION

HEMINGWAY, Judge:

Contrary to his pleas, the accused was found guilty by special court-martial of two specifications of willful damage to military property of the United States, in violation of Article 108, Uniform Code of Military Justice, 10 U.S.C. § 908.

In a single assigned error the accused contends the military judge erroneously denied a defense motion to dismiss the charge and its specification after the Government failed to produce a defense requested witness. We disagree. We are satisfied that, under the circumstances of this case, the judge did not abuse his discretion in…