Desertion-Cont'd

Instructions to court-Cont'd
desertion with intent to remain

absent permanently as not
included in desertion with in-
tent to shirk important serv-
ice, adequacy of instruction
as to ..... ... Des § 38.5
inference arising from failure
to comply with competent
orders, instructing court on
Des § 38.7

inference of knowledge of pend-
ing overseas shipment from
circumstantial evidence, in-
structing as to.. Des § 38.7
intent, instruction assuming
proof of
Trial § 57.3
intent to return ... Des § 38
law officer's statement of
grounds for refusal of, as
prejudicially limiting effect of
evidence ..
Trial § 31.3

lesser included offense-
desertion with intent to re-
main absent permanently
as not included in deser-
tion with intent to shirk
important service, ade-
quacy of instruction

on

Des § 38.5

judicial confession, effect

Des § 38.11

prolonged absence as raising

inference of intent, instruct-
ing on
Des § 38.5
prolonged absence as showing
accused should have known of
impending overseas shipment,
instructing on ... Des § 38.7
surrender as defense, instruct-
ing court on Des § 38.15
using UCMJ definition of deser-
tion as to offense committed
prior to Code ... Des § 38.1
Intent to avoid hazardous duty or
shirk important service—
absence without leave as only

lesser offense

Alaska, duty in

Desertion-Cont'd

Intent to avoid hazardous duty or
shirk important service

-Cont'd

confession, necessity of corrobo-
ration
Des § 63.1
depositions as to other non-capi-
tal offense, use where offense
capital
Depos § 9.1

desertion with intent to remain

absent permanently as not in-
cluded in
Des § 38.5
evidence, sufficiency. Des § 63.1
assignment to personnel cer-

ter for overseas shipment
and absence without leave
therefrom...... Des § 38.5
knowledge of orders to impor-
tant service .... Des § 63.1
Evid § 315.1
unconsciousness (sleep) of ac-
cused at time he was in-
formed of hazardous duty
Des § 63.1
hazardous duty, what consti-
tutes, generally ... Des § 31.5
important service, what consti-
tutes, generally ... Des § 63.1
included offense of absence with-
out leave, evidence, sufficiency
Des § 63.1
instructions to court, supra this
topic
knowledge of orders to impor-
tant service, acknowledgment
of orders purportedly signed
by accused without proof ac-
cused signed such acknowledg-
ment inadmissible to show
Evid § 315.1
knowledge of pending overseas'
assignment-

actual knowledge as necessary
Des § 38.7

Des § 38.5

inference

basic training, absence with in-
tent to prevent completion of
Des § 31.5

combat duty as hazardous
Des § 63.1

Des § 38.7

from failure to

with competent

orders, instructing as to

Des § 38.7

knowledge of pending overseas'
shipment, as question of fact
Des § 63.1

Desertion-Cont'd

Intent to avoid hazardous duty or
shirk important service
-Cont'd

multiplication in charging also

as with intent to remain ab-
sent permanently. Des § 31.3
particular shipment, desertion

following month with intent
to avoid .... Des §§ 31.5, 63.1
place of apprehension as evi-
dence of
Des § 63.1
platoon listening post as hazard-
ous duty
Des § 63.1
replacement draft, duty with
Des §§ 31.5, 63.1
specifications, sufficiency

Des § 63.1
theft of automobile as evidence
Des § 63.1

of
Intent to remain away perma-

nently-

contingent intent to return,
supra this topic

desertion with intent to shirk
important service as not in-
cluding
Des § 38.5
evidence, sufficiency
Des §§ 61.1, 61.3
illness or injury as defense

Des § 35.11
general instructions as not
curing
Des § 38.5
instructions, supra this topic
multiplication in charging also
as with intent to avoid hazard-
ous duty and with intent to
shirk important service

Des § 31.3

prolonged period of absence as
raising inference

Des §§ 61.3, 61.5
civil authorities, period of de-
tention by, not to be includ-
ed
Des § 38.5

satisfactory explanation by ac-
cused of intent to return

Des § 61.5
statement of court as to favor-
able impression made by ac-
cused on witness as not incon-
sistent with finding of guilty
Des § 61.1
unexplained appearance in Unit-
ed States after absence in
Korea
Des § 61.1

desertion with intent to remain
absent permanently as not in-
cluded in desertion with intent
to shirk important service
Des § 38.5
instructions to court, supra this
topic

Line of duty, death resulting from
attempt to desert not incurred
in
LOD § 29.11
Morning report entries as evidence,
see MORNING REPORTS
Naval deserter, escape from Air
Force confinement, as second
naval desertion
Des § 13
Plea of guilty, refusal of law
officer and court to accept
Des § 35.4
Plea of guilty to absence without
leave, desertion charge not sup-
ported by . . . . . .
Previous convictions, admissibility
Des § 49.7

Des § 35.4

Desertion-Cont'd
Records, removal of entry of de-
sertion from, delegation of au-
thority
Des § 1.57
Relief from desertion charge on
basis of honorable service dur-
ing World War I .... Des § 1.57
Report of delivery or apprehen-
sion of deserter, admissibility
Evid § 315.5
Report of deserters and absentees,
admissibility of entry as to ter-
mination of absence by appre-
hension
Evid § 275.7
Service record entry, admissibility
Evid §§ 275.1, 277.3
entry as to termination by ap-
prehension, admissibility
Evid § 275.7

Service record entry reflecting,
correction to reflect honorable
discharge in view of honorable
service during World War I
Des § 1.57

Statute of limitations-
failure to instruct that statute
may be waived.. Trial § 57.6
instruction that included offense

was barred by Trial § 57.6
Korean conflict, offense commit-
ted during as "wartime" de-
sertion
Des § 35.5
Des § 35.5

tolling of

by Philippine independence
Trial § 57.6

Termination-

after expiration of enlistment

Des § 65.7
return to other branch of serv-
ice
Des § 13
service record entry based on
events at other command, ad-
missibility ...... Evid § 275.7
"terminated otherwise," as
meaning "terminated by sur-
render"
... Des § 67.5
Termination by apprehension-
civil authorities, apprehension
by
Des § 67.5

determination of question
Des § 67.5
evidence, sufficiency. Des § 67.5
increased punishment, prerequi-
Des § 67.5

sites
prior larcenies as evidence of
Des § 49.7