United States v. Mullican

Opinion of the Court

Homer Ferguson, Judge:

The accused was convicted of desertion, a violation of Article 85, Uniform Code of Military Justice, 50 USC § 679, and was sentenced to dishonorable discharge, total forfeitures, and confinement to hard labor for two years. The convening authority approved. A Navy board of review disapproved the findings and sentence and ordered the case returned for a rehearing; whereupon The Judge Advocate General of the Navy certified the following question:

“Did the procedure, to which the accused consented, wherein the question of admissibility of certain evidence…