United States v. Walker

DECISION

Tried by a general court-martial which included members, the accused was found guilty, contrary to his pleas, of two unauthorized absences and one specification alleging escape from custody, in violation of Articles 86 and 95, Uniform Code of Military Justice, 10 U.S.C. §§ 886, 895. The approved sentence extends to a bad conduct discharge, confinement at hard labor for one year, and forfeiture of all pay and allowances.

In one of two assignments of error, appellate defense counsel assert:

THE MILITARY JUDGE ERRONEOUSLY PREVENTED THE COURT MEMBERS FROM CONSIDERING AND MAKING FACTUAL…