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UNITED STATES v. FRANCIS W. ANTONIO, Private E-2, U. S. Army
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.