United States v. McCrary

I dissent.

I dissent on the ground that the evidence in this case is insufficient as. a matter of law to sustain the conviction of desertion. I agree with the broad statements of law set out in the first few paragraphs of the majority opinion. But I definitely disagree with both the recitation of the “facts” and the theories of law which follow.

A careful reading of Judge Latimer’s opinion indicates very plainly where the majority and I part company. They apparently believe, in spite of what is said elsewhere, that the accused should prove himself innocent, while I believe the law requires the…