United States v. Charlton

I dissent.

I do not agree, as the majority infer, that the statute in this case (District of Columbia Code, 1967 edition, Title 22, section 22-2101) is so “plain and unambiguous” that it “is to be applied, not interpreted.” In that regard, I find it significant that “[t]his statute has never been construed by the courts of the District of Columbia.”

The defendants in this case each pleaded guilty to charges of desertion, absence without leave, escape from confinement, robbery, assault with a means likely to produce grievous bodily harm, and kidnaping, in violation of the Uniform Code of…