United States v. Smith

Opinion of the Court

The accused was tried by general court-martial in Korea on two charges alleging desertion and absence without leave. He was found guilty on both charges and was sentenced to dishonorable discharge, total forfeitures of pay, and confinement for three years. Army reviewing authorities have upheld the findings and sentence.

Sole prosecution evidence in this case consists of morning report extracts showing unauthorized absence on February 12, 1952; return to duty at 2:00 a.m. on February 25, 1952; and unauthorized absence at 2:00 p.m. on February 25, 1952; together with the…