United States v. Drexler

I dissent.

If this were an isolated case I would not be greatly concerned but the question certified in the instant case assumes importance because counsel for the Government states that thirty-five cases involving the'issue have been considered by boards of review and there appears to be a difference in their application of the controlling principles of law.

As my commencement point, I would emphasize these facts. The accused was charged with desertion, in violation of Article 85, and missing movement through neglect, in contravention of Article 87, Uniform Code of Military Justice, 10 USC §§…