UNITED STATES, Appellee v. JOHN GORHAM, Jr., Sergeant, U. S. Army, Appellant

UNITED STATES, Appellee v JOHN GORHAM, Jr., Sergeant, U. S. Army, Appellant 9 USCMA 89, 25 CMR 351 No. 11,016 Decided March 28, 1958 First Lieutenant Lawrence R. Fullem, Major Frank G. Stetson, and Captain John F. Christensen were on the brief for Appellant, Accused. First Lieutenant Jon R. Waltz and Lieutenant Colonel John G. Lee were on the brief for Appellee, United States. [MAJORITY — Robert E. Quinn, Chief Judge:] Opinion of the Court Robert E. Quinn, Chief Judge: We granted the accused’s petition for review to consider two claims of error affecting one of the two charges of which the accused was convicted. The Government concedes the correctness of one of the claims and moves to remand the case to the board of review for further proceedings. See: United States v Williams, 8 USCMA 325, 24 CMR 135; United States v Gittens, 8 USCMA 673, 25 CMR 177. The decision of the board of review is reversed. The record of trial is returned to The Judge Advocate General of the Army for submission to the board of review for action consistent with this opinion. Judge Ferguson concurs. Judge Latimer concurs in the result.