United States v. Febus-Santini

United States Court of Military Appeals

United States v. Febus-Santini

23 C.M.A. 226

United States Court of Military Appeals·Decided October 4, 1974·No. No. 28,565·Published

Opinion

OPINION OF THE COURT

Per CuRiam:

By amendment to the original convening order, the military judge who presided had been relieved. The court that tried this accused was, therefore, improperly constituted. United States v Johnson, 23 USCMA 104, 48 CMR 665 (1974); cf. United States v Harnish, 12 USCMA 443, 31 CMR 29 (1961). The decision of the U.S. Court of Military Review is reversed. The findings and sentence are set aside. A rehearing may be ordered.

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OPINION OF THE COURT

Per CuRiam:

By amendment to the original convening order, the military judge who presided had been relieved. The court that tried this accused was, therefore, improperly constituted. United States v Johnson, 23 USCMA 104, 48 CMR 665 (1974); cf. United States v Harnish, 12 USCMA 443, 31 CMR 29 (1961). The decision of the U.S. Court of Military Review is reversed. The findings and sentence are set aside. A rehearing may be ordered.

United States v. Febus-Santini, 23 C.M.A. 226 (cma 1974).

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Opinion

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