United States v. Davis

Opinion of the Court

Quinn, Judge:

The accused challenges the sufficiency of the evidence to support his conviction for unauthorized absence by a military judge sitting as a special court-martial.

We start With a special finding of fact by the trial judge that the accused’s testimony at trial was “true and represents the facts of this case.” An order was issued in June 1969 at Fort Gordon, Georgia, transferring the accused to Fort Lewis, Washington, with a reporting date of July 21. The accused testified that he never received or read the order. He had been informed by his first sergeant, about…