United States v. Tisdall

Opinion of the Court

GeoRge W. Latimer, Judge:

We granted review of this case on a single instructional issue. Accused predicates his appeal from his conviction for desertion, a violation of Article 85, Uniform Code of Military Justice, 10 USC § 885, on the same instruction we considered in United States v Simpson, 10 USCMA 543, 28 CMR 109; United States v Smith, 10 USCMA 549, 28 CMR 115; United States v Blackwell, 10 USCMA 550, 28 CMR 116; United States v Davault, 10 USCMA 551, 28 CMR 117; and United States v Shomler, 10 USCMA 555, 28 CMR 121. As we pointed out in those cases, decided this…