United States v. Walker

Opinion of the Court

GEORGE W. LATIMER, Judge:

This case involves the principles concerning constructive condonation and it is controlled by our decision in United States v. Minor (No 815), 1 USCMA 497, 4 CMR 89, decided this date.

The accused was tried by general court-martial in Korea for two violations of Article 99, Uniform Code of Military Justice, 50 USC § 693. The first specification alleged that while before the enemy, he ran away from his squad and returned to the rear area. In the second specification he was charged with cowardly conduct before the enemy in that he refused to accompany…