United States v. Cooper

Opinion of the Court

Ferguson, Judge:

Tried by a general court-martial convened at Fort Dix, New Jersey, the accused was found guilty of desertion, in violation of Uniform Code of Military Justice, Article 85, 10 USC § 885. He was sentenced to dishonorable discharge, forfeiture of all pay and allowances, confinement at hard labor for two years, and reduction to the grade of Private E-l. The convening authority approved the sentence. Reducing the period of confinement involved to eighteen months, the board *391of review otherwise affirmed. We granted accused’s petition for review upon the issue:

“Whet…