United States v. Cox

Opinion of the Court

Per Curiam :

The accused, charged with two violations of Article 85, Uniform Code of Military Justice, 10 USC § 885, was found guilty of one act of desertion and one of absence without leave. He was sentenced to dishonorable discharge, total forfeitures, confinement at hard labor and reduction to private. Intermediate appellate authorities affirmed the findings and a reduced sentence. The accused petitioned for review on the basis of trial counsel’s argument to the court-martial that, “You may infer from the length of the absence alone in this case that the accused intended…