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Legal Opinion

United States v. Holder

United States Court of Military Appeals

Decided August 3, 1956No. 7485PublishedCited by 20 opinions

1Opinion of the Court

Opinion of the Court

George W. Latimer, Judge:

Despite his plea of not guilty, the accused was convicted by a general court-martial1 of desertion, in violation of Article 85, Uniform Code of Military Justice, 50 USC § 679, and sentenced to dishonorable discharge, total forfeitures, and confinement for three years. The convening authority approved, but the board of review, one member dissenting, held that the law officer erred in failing to give defense counsel’s requested instruction on mistake of fact as a defense to the charge of desertion. The board, therefore, affirmed only a short…

2Cases cited7 opinions

  1. United States v. KunakUnited States Court of Military Appeals · 1954
  2. United States v. RowanUnited States Court of Military Appeals · 1954
  3. United States v. McCluskeyUnited States Court of Military Appeals · 1955
  4. United States v. GreenwoodUnited States Court of Military Appeals · 1955
  5. United States v. GrierUnited States Court of Military Appeals · 1955

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3Cited by20 opinions

  1. United States v. TimminsUnited States Court of Military Appeals · 1972
  2. United States v. PiattUnited States Court of Military Appeals · 1984
  3. United States v. ScheunemannUnited States Court of Military Appeals · 1964
  4. United States v. VanceUnited States Court of Military Appeals · 1968
  5. United States v. DominguezUnited States Court of Military Appeals · 1957

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