Public-domain · open source
OpenJurist

8 C.M.A. 658

United States v. Proctor

United States Court of Military Appeals · decided 1958-01-31

Decided 1958-01-31

¶1Opinion of the Court

Homer Ferguson, Judge:

¶2The issue presented concerns the correctness of an instruction which is similar to that recently condemned in the cases of United States v Cothern, 8 USCMA 158, 23 CMR 382, and United States v Soccio, 8 USCMA 477, 24 CMR 287. For the reasons set forth in those opinions the accused’s conviction of desertion in the instant case must be set aside.

¶3The decision of the board of review is *659reversed. The record of trial is returned to The Judge Advocate General of the Air Force for reference to a board of review. The board, in its discretion, may approve the lesser offense of absence without leave and reassess the entire sentence or it may order a rehearing on the desertion charge.

Chief Judge Quinn concurs.
Latimer, Judge

¶4(dissenting):

¶5I dissent.

¶6I dissent for the reasons set forth in my separate opinion in United States v Soccio, 8 USCMA 477, 24 CMR 287.

/8/cma/658 · .json · Public domain