United States v. Noonan

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The accused was convicted by a general court-martial of two specifications of desertion in violation of Article 85, Uniform Code of Military Justice, 50 USC § 679, and one specification of failing to obey a lawful order in violation of Article 92, 50 USC § 686. However, a divided board of review set aside the conviction on the ground that the convening authority was an accuser. The Navy Judge Advocate General has asked this Court to review the correctness of that ruling.

The board of review apparently based its decision on its interpretation of…