United States v. Apple

Opinion of the Court

Paul W. Brosman, Judge:

The accused, Apple, was convicted in Korea by an Army general court-martial of desertion with intent to avoid hazardous duty.1 Following approval by the convening authority and affirmance by a board of review, this Court granted his petition for further review, limited, however, to the question of sufficiency of instructions.

II

The evidence adduced at the trial served to paint this factual backdrop. Accused absented himself without authority from his unit, which was then on the main line of resistance in Korea, and was absent therefrom for several…