United States v. Jarrell

(dissenting in part/concurring in the result) *:

The appellant’s conduct in this case, which consisted of climbing down a ladder onto a barge attached aft of his ship in port and slipping therefrom undetected into the water and swimming to the next pier over, falls far short of the conduct described in United States v. Sadinsky, 14 U.S.C.M.A. 563, 34 C.M.R. 343 (1964), and characterized in United States v. Parks, 3 M.J. 591 (N.C.M.R.1977). The circumstances of this case, are in substance, no different than if the appellant had climbed down onto the adjacent pier and thence onto the barge and…