
    UNITED STATES, Appellee v. FRANCIS W. ANTONIO, Private E-2, U. S. Army, Appellant
    6 USCMA 167, 19 CMR 293
    No. 6405
    Decided July 15, 1955
    
      Lieutenant Colonel Harley A. Lanning and First Lieutenant Philip L. Evans were on the brief for Appellant, Accused.
    
      Lieutenant Colonel Andrew D. Kane was on the brief for Appellee, United States.
   Opinion of the Court

Per Curiam:

This case is controlled by United States v. Simone, 6 USCMA 146, 19 CMR 272; and United States v. Lugo, 6 USCMA 151, 19 CMR 277. We must hold, therefore, that the morning report entry extract copy before us sufficed to sustain the general court-martial’s finding that the accused’s desertion had been terminated by apprehension. It follows that the findings and sentence, as approved by intermediate appellate agencies, must be affirmed.  