United States v. Horner

BAUM, Chief Judge:

Appellant was tried by special court martial, judge alone, on charges of desertion, missing movement, and failure to obey a lawful order in violation of Articles 85, 87 and 92, Uniform Code of Military Justice, (UCMJ), 10 U.S.C. §§ 885, 887, 892. He pled guilty to single specifications of missing movement and failure to obey a lawful order as charged. He also pled guilty to unauthorized absence as a lesser included offense of the charged desertion. After a thorough inquiry into the providence of appellant’s pleas and the receipt of evidence bearing on the element of intent…