United States v. Yaden

Opinion of the Court

Robert E. Quinn, Chief Judge:

At the accused’s trial for desertion the law officer instructed the court-martial in part as follows:

“You are advised that if the absence without proper authority is much prolonged, and there is no satisfactory explanation of it, these facts are circumstantial evidence from which the court may be justified in inferring an intent to remain away permanently.

“Of course, the questions of what constitutes a much prolonged absence and what constitutes a satisfactory explanation are questions for the court to determine. The explanation need not be one…