United States v. Walters

Opinion of the Court

Paul W. BROsman, Judge:

The accused’s petition for review was granted to permit consideration by this Court of the correctness of instructions supplied by the law officer to the general court-martial which found the former guilty of two offenses of wrongful appropriation and of an extended absence without proper authority. The instructions now questioned are identical to those set forth in United States v. Biesak, 3 USCMA 714, 14 CMR 132.

II

We conclude that the law officer’s charge, with its reference to “evidence supplied by the presump- tion of sanity,” was, at worst,…