UNITED STATES, Appellee v. SAMUEL LUGO, Private E-2, U. S. Army, Appellant

UNITED STATES, Appellee v. SAMUEL LUGO, Private E-2, U. S. Army, Appellant 6 USCMA 151, 19 CMR 277 No. 6200 Decided July 1, 1955 Captain Albert C. Malone, Jr., argued the cause for Appellant, Accused. With him on the brief were Lieutenant Colonel Edivard Duvall and First Lieutenant Anthony R. DeSanto. Lieutenant Colonel Andrew D. Kane argued the cause for Appellee, United States. With him on the brief were Lieutenant Colonel Thomas J. Newton and First Lieutenant A. Kenneth Pye. [MAJORITY — Paul W. Brosman, Judge:] 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.