United States v. Wiedemann
United States Court of Military Appeals
1Opinion of the Court
Opinion of the Court
Kilday, Judge:
The question raised by this appeal is new in form only — the basic element having been considered and decided on several previous occasions. Essentially, we are being asked to decide whether it was reversible error for the law officer to fail to submit for the court’s consideration of a charge of desertion, the lesser included offense of absence without leave upon full and proper instructions.
In the early ease of United States v Lowery, 2 USCMA 315, 8 CMR 115, we unanimously held that where the offense of absence without leave is fairly raised by the evidence…
2Cases cited21 opinions
- United States v. SmithUnited States Court of Military Appeals · 1962
- State v. CrankUtah Supreme Court · 1943
- United States v. ClarkUnited States Court of Military Appeals · 1952
- United States v. CothernUnited States Court of Military Appeals · 1957
- United States v. KueflerUnited States Court of Military Appeals · 1963
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3Cited by6 opinions
- United States v. McElhaneyUnited States Air Force Court of Criminal Appeals · 1999
- United States v. MoralesUnited States Court of Military Appeals · 1983
- United States v. WesleyU.S. Navy-Marine Corps Court of Military Review · 1984
- United States v. CooperUnited States Court of Military Appeals · 1966
- United States v. Private E2 URIEL RIVASCHIVASArmy Court of Criminal Appeals · 2015
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