United States v. Swain

Opinion of the Court

HomeR FERGUSON, Judge:

On September 14, 1944, the accused, while assigned to a Quartermaster group stationed at .Chalons, France, absented himself without authority from his unit. At the time he absented himself he had intended to visit Paris and remain away “approximately forty-eight hours.” Almost twelve years later he was apprehended in Paris by French police. At his court-martial he pleaded not guilty of desertion, in violation of Article of War 58, 10 USC (1946 ed) § 1530. He was found guilty as charged, however, and sentenced to be confined at hard labor for…