United States v. Antonio

Opinion of the Court

This case is controlled by United States v. Simone, 6 USCMA 146, 19 CMR 272; and United States v. Lugo, 6 USCMA 151, 19 CMR 277. We must hold, therefore, that the morning report entry extract copy before us sufficed to sustain the general court-martial’s finding that the accused’s desertion had been terminated by apprehension. It follows that the findings and sentence, as approved by intermediate appellate agencies, must be affirmed.