United States v. Johnston

United States Court of Military Appeals

United States v. Johnston

9 C.M.A. 87, 9 USCMA 87, 25 C.M.R. 349, 1958 CMA LEXIS 640, 1958 WL 3168

United States Court of Military Appeals·Decided March 28, 1958·No. No. 11,122·Published

Opinions

Opinion of the Court

Robert E. Quinn, Chief Judge:

The Government concedes that the post-trial review is inadequate and misleading. See United States v Lee, 8 USCMA 709, 25 CMR 213. The decision of the board of review is reversed and the record of trial is returned to The Judge Advocate General of the Army for reference to a competent convening authority for further proceedings in accordance with Articles 61 and 64, Uniform Code of Military Justice, 10 USC §§ 861, 864. United States v Dow, 8 USCMA 734, 25 CMR 238.

Judge Ferguson concurs.

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Opinion of the Court

Robert E. Quinn, Chief Judge:

The Government concedes that the post-trial review is inadequate and misleading. See United States v Lee, 8 USCMA 709, 25 CMR 213. The decision of the board of review is reversed and the record of trial is returned to The Judge Advocate General of the Army for reference to a competent convening authority for further proceedings in accordance with Articles 61 and 64, Uniform Code of Military Justice, 10 USC §§ 861, 864. United States v Dow, 8 USCMA 734, 25 CMR 238.

Judge Ferguson concurs.

United States v. Johnston, 9 C.M.A. 87, 9 USCMA 87, 25 C.M.R. 349, 1958 CMA LEXIS 640, 1958 WL 3168 (cma 1958).

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