United States v. Jordan

Opinion of the Court

HomeR Ferguson, Judge:

A Navy general court-martial found the accused guilty of desertion, in violation of Article 85, Uniform Code of Military Justice, 10 USC § 885; for an absence of three months’ duration, terminated by apprehension. The law officer instructed the court that if it found the condition of absence much prolonged, it could “infer from that alone an intent to remain away permanently from his organization.” We have recently condemned a similar instruction in United States v Cothern, 8 USCMA 158, 23 CMR 382, and United States v Burgess, 8 USCMA 163, 23 CMR 387.…