United States Court of Military Appeals, 1959

United States v. Lindsey

United States Court of Military Appeals · Decided November 20, 1959 · Ferguson, Latimer, Quinn

11 C.M.A. 38; 11 USCMA 38; 28 C.M.R. 262; 1959 CMA LEXIS 216; 1959 WL 3451

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The decision of the board of review is reversed and the action of the convening authority is set aside. United States v Bennie, 10 USCMA 159, 27 CMR 233. The record of trial is returned to The Judge Advocate General of the Navy for reference to a competent convening authority for further proceedings under Articles 61 and 64, Uniform Code of Military Justice, 10 USC §§ 861, 864.

Judge Ferguson concurs. Judge Latimer dissents.

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