United States Court of Military Appeals, 1957

United States v. Lyons

United States Court of Military Appeals · Decided September 20, 1957 · Ferguson, Latimer, Quinn

8 C.M.A. 259; 8 USCMA 259; 24 C.M.R. 69; 1957 CMA LEXIS 398; 1957 WL 4702

Cases that cite this one

1 later published case cites this decision.

United States v. Lacy (United States Court of Military Appeals 1959)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HOMER FERGUSON, Judge:

The accused was convicted of desertion for an absence of some four and one-half months’ duration, terminated by apprehension, in violation of Article 85, Uniform Code of Military Justice, 10 USC § 885. He had pleaded not guilty to desertion, but guilty to the lesser offense of absence without leave, in contravention of Article 86, Uniform Code of Military Justice, 10 USC § 886. The issue raised here is the same as *260that previously decided in United States v Cothern, 8 USCMA 158, 23 CMR 382, and United States v Burgess, 8 USCMA 163, 23 CMR 387. For the reasons stated in those opinions, the accused’s conviction cannot stand. The record of trial is returned to The Judge Advocate General of the Army for reference to a board of review. The board may, in its discretion, approve the lesser offense of absence without leave and reassess the sentence, or it may order a rehearing on the desertion charge.

Chief Judge Quinn concurs. Judge Latimer dissents.

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