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Legal Opinion

United States v. Brown

United States Court of Military Appeals

Decided July 2, 1959No. 12,534PublishedCited by 31 opinions

1Opinion of the Court

Opinion of the Court

Homer Ferguson, Judge:

The accused was convicted upon two specifications of desertion, in violation of Article 85, Uniform Code of Military Justice, 10 XJSC § 885, and sentenced to dishonorable discharge, total forfeitures, and confinement at hard labor for two years. Intermediate appellate tribunals having affirmed the findings and sentence, we granted the accused’s petition for review to determine two issues:

Whether the instructions upon the sentence were prejudicially erroneous.

Whether the law officer erred in holding the burden was on the defense to show prejudice in…

2Cases cited11 opinions

  1. United States v. BerryUnited States Court of Military Appeals · 1956
  2. United States v. HounshellUnited States Court of Military Appeals · 1956
  3. United States v. RichardUnited States Court of Military Appeals · 1956
  4. Jay Arley Parker v. United StatesCourt of Appeals for the Sixth Circuit · 1958
  5. Shepherd v. United StatesCourt of Appeals for the Eighth Circuit · 1947

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3Cited by31 opinions

  1. United States v. TibbsUnited States Court of Military Appeals · 1965
  2. United States v. MizgalaCourt of Appeals for the Armed Forces · 2005
  3. United States v. ParishUnited States Court of Military Appeals · 1968
  4. United States v. SchalckUnited States Court of Military Appeals · 1964
  5. United States v. DavisUnited States Court of Military Appeals · 1960

26 more not listed; retrieve them via the Exa API.

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