United States v. Johnson

OPINION OF THE COURT

Cook, Judge:

There are aspects of this case that are very disturbing.

Originally, a special court-martial, consisting only of a military judge, found the accused guilty pursuant to his plea of unauthorized absence and wrongfully possessing a ration card, in violation of Articles 86 and 134, respectively, of the Uniform Code of Military Justice.1 The only offense we are concerned with now is the absence that was charged to have begun on September 23, 1971, and continued until March 20, 1973, when accused was apprehended.

At trial, the military judge made an inquiry into the…