8 C.M.A. 259 | United States Court of Military Appeals | 1957
Opinion of the Court
The accused was convicted of desertion for an absence of some four and one-half months’ duration, terminated by apprehension, in violation of Article 85, Uniform Code of Military Justice, 10 USC § 885. He had pleaded not guilty to desertion, but guilty to the lesser offense of absence without leave, in contravention of Article 86, Uniform Code of Military Justice, 10 USC § 886. The issue raised here is the same as