United States v. Podgurski

Opinion of the Court

At accused’s trial by special court-martial, he was found guilty of three specifications of absence without leave, in violation of Uniform Code of Military Justice, Article 86, 10 USC § 886. An Additional Charge of breach of restriction) in violation of Code, supra, Article 134, 10 USC § 934, was dismissed by the president on motion of the defense. Nevertheless, in post-trial consideration of the case, both the supervisory authority and the board of review considered the dismissed offense as if accused had been convicted thereof, purporting to affirm findings of guilty…