United States v. Royal

CEDARBURG, Chief Judge:

This appellant was convicted by military judge sitting as a special court-martial, of unauthorized absence, escape from custody and two specifications of assault consummated by a battery. He was sentenced to confinement at hard labor for three months and fifteen days, forfeiture of $240 pay per month for four months, reduction to pay grade E-l and a bad conduct discharge. The findings and sentence have been approved by the reviewing authorities below.

Appellant assigns two errors:

I. THE ELEMENT OF LAWFUL CUSTODY WAS NOT PROVEN WITH RESPECT TO CHARGE II.

A. THE ESCORT OF…