United States v. Hoxsie

BARR, Judge:

The accused, tried by special court-martial, pled not guilty to the charge and single specification of desertion, in violation of Article 85, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 885. The Government presented only one document on the merits, a Record of Unauthorized Absence (P601-6R) which set forth commencement and termination dates coinciding with the allegation and an entry indicating the absence was terminated by apprehension. The trial defense counsel contested the admissibility of the proffered exhibit on two grounds: that it was not prepared contemporaneous…