United States v. Horner

Opinion of the Court

GeoRGE W. LatimeR, Judge:

This case is before us on petition for grant of review brought by the accused and involves substantially the same issue presented in United States v. Young (No. 1015), 9 CMR 100, this day decided.

The accused was tried by general court-martial in Korea for desertion with intent to avoid hazardous duty which the parties agree is a capital offense. He was found guilty and sentenced to a dishonorable discharge, total forfeitures and confinement at hard labor for ten years. The convening authority approved and the board of review in the office of The…