United States v. Leal

Opinion of the Court

A general court-martial sitting at Camp Lejeune, North Carolina, found the accused guilty, inter alia, of desertion terminated by apprehension, in violation of the Uniform Code of Military Justice, Article 85, 50 USC § 679. The sufficiency of the evidence to support the finding of apprehension is the problem now before us.

The Government relied solely on an entry in the accused’s service record book which related that he had been apprehended on July 27, 1954, by two Federal Bureau of Investigation agents *167in Houston, Texas, and thereafter surrendered to Air Police in the…