United States v. Presley

Opinion of the Court

Quinn, Chief Judge:

A general court-martial convened in the Republic of Vietnam convicted the accused of six offenses in violation of the Uniform Code of Military-Justice. We granted review to consider whether the findings of guilty as to four of the offenses are supported by the evidence.

Two incidents in February 1968 led to the charges. The progression of events was essentially the same on each occasion. The accused’s platoon was ordered to move out of its camp to engage Viet Cong units operating in the area. The platoon lieutenant ordered the accused to accompany the…