United States v. Borges

I agree in affirming Private Tolbert’s conviction for escape from custody, but I respectfully dissent in the case of Seaman Recruit Borges.

While United States v. Ellsey, 16 U.S.C.M.A. 455, 37 C.M.R. 75, 1966 WL 4610 (1966) states, as quoted in the majority opinion, that moral suasion suffices to maintain custody, it does not hold that moral suasion continues even in the absence of the custodian after that custodian has abandoned the person in custody. In Ellsey, the accused evaded his custodian. In both of the cases before us, the custodians walked away from the accuseds.

The Government takes…