United States v. Mackey
United States Navy-Marine Corps Court of Military Review
46 C.M.R. 754 (1972)
- Written by Salina Kennedy, JD
Facts
Private First Class Donald R. Mackey (defendant) was under orders to eventually report to the ground forces in the Western Pacific during the Vietnam War. Instead, Mackey left his place of duty and went home to live, remaining absent for 26 months until he was apprehended at a location far away from his duty station. During his absence, Mackey kept his uniform, service records, identification cards, and tags. At his trial by court-martial for desertion, Mackey argued that these facts, coupled with the fact that he had lived at his home of record during his absence, created reasonable doubt that he intended to stay away from the military permanently. The military judge found Mackey guilty of desertion, and Mackey appealed.
Rule of Law
Issue
Holding and Reasoning (Lehnert, J.)
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