United States v. Gilbertson

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

Petitioner was tried and convicted by general court-martial in Korea for the offense . of. misbehavior before the enemy in violation of Article of War 75, 10 USC §1547, and absence without leave in violation of Article of War 61, 10 USC § 1533. The sentence as approved extends to a dishonorable discharge, total forfeiture of pay and confinement at hard labor for fifteen years. Army reviewing authorities have upheld the findings. We granted petition for review on the issue of whether the instructions of the law officer as to the elements of the…