THOMSEN, Chief Judge.
This case has been submitted for decision on the record without a hearing. About 1710 on July 30, 1957, petitioner deserted, leaving the ship, taking his gear with him, intending not to return. Although he may have been intoxicated at that time, I find that he had sufficient capacity to know what he was doing. He had gone ashore earlier that day against orders and was returning for his gear. He told the chief engineer that he was quitting the...
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