United States v. Paxiao

Opinion of the Court

Ferguson, Judge:

The accused pleaded guilty before a general court-martial, convened at the Presidio of San Francisco, California, to charges of being ■ absent without leave, desertion, and wrongful appropriation of a truck, in violation of Articles 86, 85, and 121, Uniform Code of Military Justice, 10'USC §§ 886, 885, and 921, respectively. We granted review to determine the validity of his conviction of the wrongful appropriation of the truck (Additional Charge II), in light of the Supreme Court’s decision in O’Callahan v Parker, 395 US 258, 23 L Ed-2d 291, 89 S Ct 1683…