United States v. Anderson

DECISION

FULTON, Judge:

Appellant contends he was prejudiced as follows:

I

APPELLANT’S UNDISPUTED TESTIMONY (60-61) DEMONSTRATES THAT HE ATTEMPTED TO SURRENDER HIMSELF ON THE FIRST DAY OF THE ABSENCE ALLEGED IN CHARGE II, SPECIFICATION 2, SEE UNITED STATES V. RAYMO, 23 U.S.C.M.A. 408, 50 C.M.R. 290, 1 M.J. 31 (1975), AND THEREBY BECAME IMMEDIATELY AVAILABLE TO BE TAKEN INTO CUSTODY BY MILITARY AUTHORITIES. CF. UNITED STATES V. LANPHEAR, 23 U.S.C.M.A. 338, 341, 49 C.M.R. 742 (1975).

II

DURING AN OTHERWISE LAWFUL SEARCH, AND IN VIOLATION OF ARTICLE 31(b), INVESTIGATING AGENTS SOLICITED FROM APPEL*689LANT…