United States v. Shomler

Opinion of the Court

George W. Latimer, Judge:

Accused was convicted for absence without leave and wrongful appropriation, violations of Articles 86 and 121, Uniform Code of Military Justice, 10 USC §§ 886 and 921, respectively. Intermediate authorities have approved the findings and sentence, and we granted accused’s petition for review on a single instructional issue.

In the course of his charge to the members of the court-martial, the law officer instructed inter alia:

“The rule as to reasonable doubt extends to every element of the offense. It is not necessary that each particular fact…