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Legal Opinion

United States v. Simone

United States Court of Military Appeals

Decided July 1, 1955No. 6153PublishedCited by 14 opinions

1Opinion of the Court

Opinion of the Court

Paul W. BROSMAN, Judge:

A general court-martial sitting at Fort Dix, New Jersey, found the accused, Simone, guilty of desertion terminated by apprehension — in violation of the Uniform Code of Military Justice, Article 85, 50 USC § 679. The sole evidence tending to show the fact of apprehension was reflected in Prosecution Exhibit 1, an extract copy of a unit morning report. This evidence took the form of an entry asserting that the accused was “app civ auth Bklyn NY & rtn mil cont Conf Ft Jay NY EDCSA 10 Sept 54 & conf post stockade eff 14 Sep 54.” Translated, this entry…

2Cases cited12 opinions

  1. United States v. MasusockUnited States Court of Military Appeals · 1951
  2. United States v. NickaboineUnited States Court of Military Appeals · 1953
  3. United States v. KitchenUnited States Court of Military Appeals · 1955
  4. United States v. BeninateUnited States Court of Military Appeals · 1954
  5. United States v. CoatesUnited States Court of Military Appeals · 1953

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. United States v. FieldsUnited States Court of Military Appeals · 1962
  2. United States v. RodgersUnited States Court of Military Appeals · 1958
  3. United States v. KrauseUnited States Court of Military Appeals · 1958
  4. United States v. LugoUnited States Court of Military Appeals · 1955
  5. United States v. WashingtonU S Air Force Court of Military Review · 1987

9 more not listed; retrieve them via the Exa API.

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