United States v. O'Neil

Opinion of the Court

Paul W. Brosman, Judge:

Accused was convicted by general court-martial of absence without leave with intent to prevent the completion of basic training and his useful service as a soldier, in violation of Article 134, Uniform Code of Military Justice, 50 USC § 728.' Following affirmance by intermediate reviewing authorities, a petition for review by this Court was granted. For purposes of oral argument, this case was consolidated with United States v. Deller, 3 USCMA 409, 12 CMR 165, decided this date, and involving identical issues.

II

The first question before us has to do…