United States v. Hyatt

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

A general court-martial convicted the accused of desertion with the intent to shirk important service, in violation of Article 85, Uniform Code of Military Justice, 10 USC § 885, and sentenced him to a dishonorable discharge, total forfeitures, and confinement at hard labor for three years. Intermediate appellate authorities affirmed. We granted review to consider the correctness of the law officer’s instruction that “as a matter of law, duty beyond the continental limits of the United States is important service.”

The Manual for Courts-Martial,…