United States v. Davault

Opinion of the Court

GEORGE W. LatimeR, Judge:

Accused stands convicted of desertion, in violation of Article 85, Uniform Code of Military Justice, 10 USC § 885, and sentenced to dishonorable discharge, total forfeitures, and confinement at hard labor for two years. We granted his petition for review on a single issue relating to the propriety of the law officer’s instructions.

In his charge to the members of the court-martial, the law officer included the instruction which we considered in United States v Simpson, 10 USCMA 543, 28 CMR 109; United States v Smith, 10 USCMA 549, 28 CMR 115; United…