United States v. Henthorne

Opinion of the Court

Gerorge W. Latimer, Judge:

This is a companion case to United States v DeMaris, 8 USCMA 750, 25 CMR 254, this day decided, and the principles we announce therein are dis-positive of one of the issues herein raised. However, there is one circumstance which the Government contends differentiates the two cases and which according to its contention should bring about an affirmance of this conviction. The question raised is of enough importance to bear discussion.

The accused was charged with desertion covering an absence of approximately six months. He pleaded guilty to absence…