United States v. Stabler

Opinion of the Court

Paul W. Brosman, Judge:

The accused, Stabler, was convicted by a general court-martial sitting at Camp Rucker, Alabama, of desertion with intent to shirk important service, in violation of the Uniform Code of Military Justice, Article 85, 50 USC § 679. The court adjudged the maximum sentence — dishonorable discharge, total forfeitures, and confinement at hard labor for five years — and the convening authority approved. An Army board of review affirmed the findings, but halved the sentence in its confinement aspect. We granted review to determine whether the instructions…