United States v. Northern

KEATING, Judge:

We have examined the record of trial, the assignment of error,1 and the Government’s response, and we have concluded that the findings and sentence are correct in law and fact and that no error materially prejudicial to the substantial rights of the appellant was committed.

The appellant assigns, as the single error in this case, that his plea to unauthorized absence terminated by apprehension was improvident because he volunteered his status as a deserter to the civilian authorities who apprehended him for an unrelated offense.

At trial, the military judge questioned the…