United States v. Nickaboine

Opinion of the Court

Paul W. Brosman, Judge:

A general court-martial, convened at 'Camp McCoy, Wisconsin, convicted the accused, Niclcaboine, of desertion with intent to remain away from his organization permanently, the offense proscribed by the Uniform Code of Military Justice, Article 85(a)(1), 50 USC § 679(a)(1). The convening authority approved the findings and sentence and a board of review has affirmed. On petition to this Court, duly filed, further review was granted to consider the matter hereafter dealt with.

II

It was established at the trial that the accused was ordered from Camp…