United States v. Chestnut

Opinion of the Court

FLETCHER, Chief Judge:

The appellant was convicted of larceny and rape in violation of Articles 121 and 120, Uniform Code of Military Justice, 10 U.S.C. §§ 921 and 920, respectively. The sole question for our consideration is whether the trial judge erroneously failed to grant the appellant’s motion to reopen the Article 32 investigation and to order the live appearance of a Government witness, in this instance the prosecutrix. Analysis of the evidence of record and our recent decision of United States v. Ledbetter, 2 M.J. 37 (1976), leads us to conclude that the trial…