United States v. Bell

Opinion of the Court

QUINN, Chief Judge:

We granted the accused’s petition for review to consider several questions affecting the validity of findings of guilty of, and his sentence for, desertion, in violation of Article 85, Uniform Code of Military Justice, 10 USC § 885.

The accused was charged with desertion committed in the Republic of Vietnam in the period from July 23, 1968, to November 2, 1968. At trial, he pleaded guilty to the lesser included offense of unauthorized absence, but the Government elected to proceed with the desertion charge. Over defense objection, trial counsel was…