United States v. Lach

Opinion of the Court

Among the issues in this ease is one similar to that presented in United States v Hawthorne, 7 USCMA 293, 22 CMR 83. For the reasons set out in that opinion, the findings of guilty and the sentence are set aside. The record of trial is returned to The Judge Advocate General of the Army for transmittal to the officer exercising summary court-martial jurisdiction over the accused for his consideration and action.

(concurring in the result) :

I concur in the result for the reasons set' forth in my concurring opinion in United States v Hawthorne, 7 USCMA 293, 22 CMR 83.