United States v. Proctor

United States Court of Military Appeals

United States v. Proctor

8 C.M.A. 658, 8 USCMA 658, 25 C.M.R. 162, 1958 CMA LEXIS 716, 1958 WL 3104

CourtUnited States Court of Military Appeals

DecidedJanuary 31, 1958

DocketNo. 10,629

StatusPublished

This text of 8 C.M.A. 658 (United States v. Proctor) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Proctor, 8 C.M.A. 658, 8 USCMA 658, 25 C.M.R. 162, 1958 CMA LEXIS 716, 1958 WL 3104 (cma 1958).

Pincite

Opinions

Opinion of the Court

Homer Ferguson, Judge:

The 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.

The decision of the board of review is [659]*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.

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