United States v. Newman

United States Court of Military Appeals

United States v. Newman

8 C.M.A. 615, 8 USCMA 615, 25 C.M.R. 119, 1958 CMA LEXIS 721, 1958 WL 3089

CourtUnited States Court of Military Appeals

DecidedJanuary 24, 1958

DocketNo. 10,833

StatusPublished

Cited by1 cases

This text of 8 C.M.A. 615 (United States v. Newman) 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. Newman, 8 C.M.A. 615, 8 USCMA 615, 25 C.M.R. 119, 1958 CMA LEXIS 721, 1958 WL 3089 (cma 1958).

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Opinions

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The accused contends, and the Goverment concedes, that the staff judge advocate’s post-trial advice to the convening authority is legally insufficient. United States v Grice, 8 USCMA 166, 23 CMR 390; United States v Johnson, 8 USCMA 173, 23 CMR 397.

The decision of the board of review is reversed and the record of trial is returned to The Judge Advocate General of the Navy 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.

Judge FERGUSON concurs.

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