Property · MBE-tested
UNITED STATES, Appellee v. HERMAN LINDSEY, Acting Staff Sergeant, U. S. Marine Corps, Appellant
11 C.M.A. 3828 C.M.R. 262·United States Court of Military Appeals·1959
Judge Ferguson concurs. · Judge Latimer dissents.
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Opinion
UNITED STATES, Appellee v HERMAN LINDSEY, Acting Staff Sergeant, U. S. Marine Corps, Appellant
11 USCMA 38, 28 CMR 262
No. 13,429
Decided November 20, 1959
Lieutenant Colonel E. W. Johnson, USMC, was on the brief for Appellant, Accused.
Commander Craig McKee, USN, was on the brief for Appellee, United States.
[MAJORITY — ROBERT E. Quinn, Chief Judge:]
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.