United States v. Mackey

Opinion of the Court

Darden, Chief Judge:

We granted review of this case to consider further the circumstances in which this Court’s holding in United States v Bearchild, 17 USCMA 598, 38 CMR 396 (1968), is to apply.

In December 1969, Mr. George R. Kimball, a civilian employee in Vietnam of the United States Agency for International Development, apprehended Private Mackey as a possible deserter from the United States Army. Mr. Kimball accomplished the apprehension in compliance with instructions from a United States Army colonel who was the senior advisor for the province. After Mr. Kimball took…