United States v. Soccio

Opinion of the Court

HomeR FERGUSON, Judge:

We granted review in this case to consider the correctness of the law officer’s instructions. The accused was convicted of desertion, in violation of Article 85, Uniform Code of Military Justice, 10 USC § 885, for an absence of some four and one-half years’ duration, terminated by apprehension. He had entered a plea of guilty to the lesser offense of absence without leave, in violation of Article 86 of the Code, supra, *47910 USC § 886, but not’guilty to the greater offense of desertion. The only issue before the court-martial concerned the question of the…