United States v. Lewis

DECISION

EARLY, Senior Judge:

Despite his pleas, the accused was convicted of desertion terminated by apprehension, in violation of Article 85, 10 U.S.C. § 885, Uniform Code of Military Justice. The approved sentence extends to dishonorable discharge, forfeiture of all pay and allowances, confinement at hard labor for one year and reduction in grade to airman basic.

Appellate defense counsel have assigned two errors for our consideration. One of these, alleging that the author of the post-trial review utilized an improper evidentiary standard in advising the convening authority, is without…