United States v. Sumrel

Opinion of the Court

Homer Ferguson, Judge;

In spite of his plea of not guilty, the accused was convicted of desertion for an unauthorized absence of five months germinated by surrender. The law officer, over defense objection, instructed the court that: “if the condition of ■absence without proper authority is much prolonged and there is no satisfactory- explanation of it, the court will be justified in inferring from that alone an intent to remain absent permanently.” Substantially the same instruction has been held prejudicially erroneous in United States v Cothern, 8 USCMA 158, 23 CMR 382,…