United States v. Johnson

(dissenting) :

I dissent.

Accused was assigned to duty in Schweinfurt, Germany, and because of his rank as a noncommissioned officer, possessed a pass valid for a distance of fifty miles from his station. On April 2, 1955, he violated a General Order of the Y Corps, which prohibited American servicemen, except under certain circumstances, from entering a zone whose western border was five kilometers from East Germany. While the prohibited area at the place of his entry, and his point of furtherest penetration, were within the permissible radius of his pass, there seems to be no dispute about…