United States Court of Military Appeals, 1955

United States v. Lugo

United States v. Lugo
United States Court of Military Appeals · Decided July 1, 1955 · Brosman, Lati, Mer, Quinn
6 C.M.A. 151; 6 USCMA 151; 19 C.M.R. 277; 1955 CMA LEXIS 338; 1955 WL 3433
United States v. Lugo

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

Opinion of the Court

Paul W. Brosman, Judge:

Following his trial by general court-martial, the accused in this case was found guilty of desertion, in violation of the Uniform Code of Military Justice, Article 85, 50 USC § 679. The issue now before us has to do with no more than the sufficiency of the record to support the court-martial’s finding of apprehension. As to this, we are controlled by our opinion in United States v. Simone, 6 USCMA 146, 19 CMR 272, decided this day, which holds that, under present Army Regulations, a proper morning report entry recording the fact that an accused’s absence was terminated in that manner is both admissible and sufficient to sustain such a finding.

The findings of guilty and the decision of the board of review must be, and are hereby, affirmed.

Chief Judge QUINN and Judge LATI-MER concur.

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