United States v. Famiglietti

15 C.M.A. 152, 15 USCMA 152, 35 C.M.R. 124, 1964 CMA LEXIS 174, 1964 WL 4936

Opinion

Opinion of the Court

PER CURIAM:

The record of trial shows that a pretrial statement by the accused, admitted into evidence against him, was obtained without proper preliminary advice as to his rights under Article 31, Uniform Code of Military Justice, 10 USC § 831. United States v Williams, 2 USCMA 430, 9 CMR 60.

The petition for review is granted. The decision of the board of review affirming accused’s conviction by general court-martial of larceny of a man’s suit, in violation of Article 121, Code, supra, 10 USC § 921, is reversed and the findings of guilty and the sentence are set aside. A rehearing may be ordered.