United States v. Garner

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

A general court-martial convicted the accused of larceny and unauthorized absence, in violation of Articles 121 and 86, respectively, of the Uniform Code of Military Justice, 10 USC §§ 921 and 886. Intermediate appellate authorities affirmed. We granted review to consider whether the law officer erred in excluding certain evidence offered by the accused.

The specification under Article 86 alleged an unauthorized absence from November 1 to December 1, 1955. In his plea, the accused attempted to plead guilty to an absence from November 1 to…