General
UNITED STATES, Appellee v. WINDELL R. TRIPP, Corporal, U. S. Army, Appellant
19 C.M.A. 50942 C.M.R. 111·United States Court of Military Appeals·1970
Chief Judge Quinn and Judge Ferguson concur.
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Opinion
UNITED STATES, Appellee v WINDELL R. TRIPP, Corporal, U. S. Army, Appellant
19 USCMA 509, 42 CMR 111
No. 22,942
June 26, 1970
Colonel Daniel T. Ghent and Captain Thomas R. Maher were on the pleadings for Appellant, Accused.
Colonel David T. Bryant, Major Edwin P. Wasinger, and Captain Benjamin G. Porter were on the pleadings for Appellee, United States.
[MAJORITY — DARDEN, Judge:]
Opinion of the Court
DARDEN, Judge:
Use of a sentence work sheet and a voting procedure form in place of oral instructions requires reversal of the sentence in this case. United States v Pryor, 19 USCMA 279, 41 CMR 279 (1970).
Accordingly, the decision of the Court of Military Review as to sentence is set aside and the record of trial is returned to the Judge Advocate General of the Army. A rehearing on the sentence may be ordered.
Chief Judge Quinn and Judge Ferguson concur.