United States v. McNeely

*511Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The accused was tried by Army court-martial1 on-December 15, 1951, at Fort Bragg, North Carolina, for willful disobedience of a lawful order; desertion from September 1 to December 2, 1951; and breaking restriction. He pleaded not guilty to the first two charges; guilty to the last. Under the first charge, the court found him guilty of “failure to obey” in violation of Article 92 of the Uniform Code of Military Justice, 50 USC § 686. As to the second charge,, the court found him guilty of the lesser included offense of absence without leave. He…