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

CourtUnited States Court of Military Appeals

DecidedMarch 28, 1958

DocketNo. 11,016

StatusPublished

Cited by2 cases

This text of 9 C.M.A. 89 (United States v. Gorham) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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