United States v. Phillips

Opinion of the Court

George W. Latimer, Judge:

The accused was convicted by general court-martial of the offense of desertion with intent to shirk important service in violation of Article 85, Uniform Code of Military Justice, 50 USC § 679. The sentence as approved by the convening authority included a dishonorable discharge, total forfeitures, and confinement at hard labor for five years. The findings and sentence were ordered set aside and dismissed by an Army board of review for reasons which will hereinafter appear. The case was certified to this Court by The Judge Advocate General of that…