United States Court of Military Appeals, 1957

United States v. Mackensworth

United States Court of Military Appeals · Decided October 4, 1957 · Ferguson, Latimer, Quinn

8 C.M.A. 298; 8 USCMA 298; 24 C.M.R. 108; 1957 CMA LEXIS 387; 1957 WL 4713

Cases that cite this one

1 later published case cites this decision.

United States v. Sessions (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 issue upon which review was granted in this case has already been decided adversely to the Government. United States v Cothern, 8 USCMA 158, 23 CMR 382; United States v Burgess, 8 USCMA 163, 23 CMR 387. The instruction condemned in those cases is present in the instant case. Accordingly, the findings of guilt of the offense of desertion must be set aside. The record is returned to The Judge Advocate General of the Army for reference to a board of review. The board, in its discretion, may approve the lesser offense of absence without leave and reassess the sentence, or it may order a rehearing on the principal charge.

Chief Judge Quinn concurs. Judge LatimeR dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.