Definition of DESERTER in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DESERTER

As applied to seamen, one continually and intentionally absent from the ship, constituting a quitting of the service of the vessel. The Strathearn, D.C.Fla., 239 F. 583, 586. Compare Mystic S. S. Co. v. Stromland, C.C.A.Va., 20 F.2d 342, 344; The Ella Pierce Thurlow, D.C.Va., 18 F.2d 675, 676.

Under the regulations of the Navy Department, a "deserter" is one who is absent without leave and with a manifest intention not to return, while a "straggler" is one absent without leave, with the probability that he does not intend to desert, but, if his absence continues for 10 days, he becomes a deserter. Reed v. United States, C.C.A. N.Y., 252 F. 21, 22.

As applied to the matrimonial home, one who by his words, conduct, demeanor, and attitude produces an intolerable condition which forces the other spouse to withdraw from the joint habitation to a more peaceful one. West v. West, 264 Ky. 826, 95 S.W.2d 789, 790.

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