United States v. Geavley

Opinion of the Court

The accused, in spite of his plea of not guilty, was convicted by general court-martial of desertion from December 7, 1954, until apprehended on May 1, 1957. After the prosecution had presented its ease and the defense had rested without offering any evidence, the trial counsel, in addressing the court in closing argument, made the following comment:

“. . . I would like to say only that the accused is charged with desertion, and that the intent to stay away permanently may be inferred from his long absence. That in itself is sufficient to warrant the court in returning a…