UNITED STATES, Appellee v. HENRY A. SMART, Sergeant, U. S. Army, Appellant

UNITED STATES, Appellee v HENRY A. SMART, Sergeant, U. S. Army, Appellant 9 USCMA 451, 26 CMR 231 No. 9921 Decided July 11, 1958 Major Edward Fenig argued the cause for Appellant, Accused. With him on the brief were Colonel James M. Scott and First Lieutenant Jerome H. Gerber. First Lieutenant Chester F. Relyea argued the cause for Appellee, United States. With him on the brief were Lieutenant Colonel Thomas J. Newton and Major Thomas J. Nichols. [MAJORITY — Homer Ferguson, Judge:] Opinion of the Court Homer Ferguson, Judge: This is a companion case to United States v Dozier, 9 USCMA 443, 26 CMR 223, decided this date. The issues raised were identical with those decided in the Dozier ease and our holding there is dispositive of this appeal. The decision of the board of review is reversed. The record is returned to The Judge Advocate General of the Army for submission to the board of review to permit further consideration in the light of the views expressed in that opinion. Chief Judge Quinn concurs. [DISSENT — Latimer, Judge] Latimer, Judge (dissenting): I dissent for the reasons expressed in my separate opinion in United States v Dozier, 9 USCMA 443, 26 CMR 223, decided this day.