United States Court of Military Appeals, 1964

United States v. Famiglietti

United States v. Famiglietti
United States Court of Military Appeals · Decided November 27, 1964
15 C.M.A. 152; 15 USCMA 152; 35 C.M.R. 124; 1964 CMA LEXIS 174; 1964 WL 4936
United States v. Famiglietti

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Opinion of the Court

Opinion of the Court

PER CURIAM:

The record of trial shows that a pretrial statement by the accused, admitted into evidence against him, was obtained without proper preliminary advice as to his rights under Article 31, Uniform Code of Military Justice, 10 USC § 831. United States v Williams, 2 USCMA 430, 9 CMR 60.

The petition for review is granted. The decision of the board of review affirming accused’s conviction by general court-martial of larceny of a man’s suit, in violation of Article 121, Code, supra, 10 USC § 921, is reversed and the findings of guilty and the sentence are set aside. A rehearing may be ordered.

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