United States Court of Military Appeals, 1969

United States v. Hunnell

United States v. Hunnell
United States Court of Military Appeals · Decided September 19, 1969 · Darden, Ferguson, Quinn
18 C.M.A. 584; 18 USCMA 584; 40 C.M.R. 296; 1969 CMA LEXIS 709; 1969 WL 6085
United States v. Hunnell

Opinion of the Court

Opinion of the Court

Darden, Judge:

The scrutiny given the providence of appellant’s plea of guilty to absence without leave, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, is not so different from that found in United States v Care, 18 USCMA 535, 40 CMR 247, as to require a different result. Accordingly, the decision of the board of review is affirmed.

Chief Judge Quinn concurs.

Dissenting Opinion

Ferguson, Judge

(dissenting) :

I dissent for the reasons set forth in my separate opinion in United States v Care, 18 USCMA 535, 40 CMR 247. I would reverse the decision of the board of review and order' a rehearing.

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