United States v. Spearman

*32OPINION OF THE COURT

Duncan, Chief Judge:

Found guilty of assault in which grievous bodily harm was intentionally inflicted, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928, the accused contends that the military judge erred to his prejudice in ruling that he could not grant a motion for finding of not guilty at the conclusion of the prosecution’s case, notwithstanding his opinion that the element of grievous bodily harm was not established and that, in any event, the evidence is legally insufficient to prove that element of the offense.

Feeling that he had been…