United States v. Gaines

Opinion of the Court

Quinn, Chief Judge:

A general court-martial in Vietnam convicted the accused of desertion with intent to shirk important service and two specifications of unauthorized absence, in violation of Articles 85 and 86, Uniform Code of Military Justice, 10 USC §§ 885 and 886, respectively. On this appeal, he contends he was prejudiced by errors in the instructions as to the desertion offense and as to the sentence.

At trial, the accused entered a plea of guilty to each of the unauthorized absence offenses and, in regard to the desertion charge, pleaded guilty to the lesser offense…