United States v. Ayers

Opinion of the Court

Paul W. BROSMAN, Judge:

We are presented in this case with the question of whether the date of December 23, 1950, is to be considered as falling “in time of war” for the purpose of a prosecution for an absence without leave originating within the continental limits of the United States. The accused, Ayers, was convicted, following trial by a general court-martial sitting at Fort Sheridan, Illinois, of desertion, at Fort Lewis, Washington, in violation of Article of War 58, 10 USC § 1530. He was sentenced to be confined at hard labor for one year, and to forfei£~$50 of his…