United States v. Stratton

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The accused stands convicted of an eleven-day unauthorized absence and two specifications of issuing bad checks with an intent to deceive, in violation of Articles 86 and 134, respectively, *154Uniform Code of Military Justice, 10 USC §§ 886, 934. He challenges the validity of his conviction because of two alleged errors in the law officer’s instructions.

First, the accused contends he was prejudiced by the failure of the law officer to instruct the court-martial it could, on the basis of the evidence, find him guilty of the lesser offense of…