United States v. Virgilito

*395OPINION OF THE COURT

Darden, Chief Judge:

The situation presented in this record requires that we determine whether disrespect to a superior commissioned officer, in violation of Article 89, Uniform Code of Military Justice, 10 USC § 889, is a lesser included offense of a charge of willful disobedience of a superior commissioned officer, in violation of Article 90, UCMJ, 10 USC § 890.

At his trial, the accused pleaded guilty to willful disobedience of an order from Captain Samuel E. McGee, "to move to another cell in building 144 of the Post Stockade . . . Fort Leonard Wood, Missouri.” The…