United States v. Gorham

United States Court of Military Appeals

United States v. Gorham

9 C.M.A. 89, 9 USCMA 89, 25 C.M.R. 351, 1958 CMA LEXIS 642, 1958 WL 3170

United States Court of Military Appeals·Decided March 28, 1958·No. No. 11,016·Published·Cited by 2 cases

Opinion

Opinion of the Court

Robert E. Quinn, Chief Judge:

We granted the accused’s petition for review to consider two claims of error affecting one of the two charges of which the accused was convicted. The Government concedes the correctness of one of the claims and moves to remand the case to the board of review for further proceedings. See: United States v Williams, 8 USCMA 325, 24 CMR 135; United States v Gittens, 8 USCMA 673, 25 CMR 177.

The decision of the board of review is reversed. The record of trial is returned to The Judge Advocate General of the Army for submission to the board of review for action consistent with this opinion.

Judge Ferguson concurs. Judge Latimer concurs in the result.

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Opinion of the Court

Robert E. Quinn, Chief Judge:

We granted the accused’s petition for review to consider two claims of error affecting one of the two charges of which the accused was convicted. The Government concedes the correctness of one of the claims and moves to remand the case to the board of review for further proceedings. See: United States v Williams, 8 USCMA 325, 24 CMR 135; United States v Gittens, 8 USCMA 673, 25 CMR 177.

The decision of the board of review is reversed. The record of trial is returned to The Judge Advocate General of the Army for submission to the board of review for action consistent with this opinion.

Judge Ferguson concurs. Judge Latimer concurs in the result.

United States v. Gorham, 9 C.M.A. 89, 9 USCMA 89, 25 C.M.R. 351, 1958 CMA LEXIS 642, 1958 WL 3170 (cma 1958).

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Opinion

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