United States v. McAdams

Opinion of the Court

A general court-martial found that the accused Marine had deserted his unit, in violation of the Uniform Code of Military Justice, Article 85, 50 USC § 679. The sole issue before us has to do with whether the evidence before the court-martial sufficed to support its finding that the accused’s absence was terminated by apprehension.

The Government’s evidence included extracts from the service record book of the accused in which it was reported that he had been apprehended by civilian authorities on November 5, 1954, and returned to military control three days later. As we…