United States v. Nickaboine

(concurring in the result) :

I concur in the results.

The accused was charged with desertion by going absent without leave, with intent to remain away permanently. The Table' of Maximum Punishments provides' a maximum punishment of three years if the absence is terminated by apprehension and two years if it is otherwise terminated. The terminology used in the 1951 Manual is different than that used in the 1949 Manual and I conclude the change was made to reduce any area of uncertainty that might have previously existed between termination by apprehension and termination by surrender. I believe…