UNITED STATES, Appellee v. MICHAEL A. FAMIGLIETTI, Private, U. S. Army, Appellant

UNITED STATES, Appellee v MICHAEL A. FAMIGLIETTI, Private, U. S. Army, Appellant 15 USCMA 152, 35 CMR 124 No. 18,095 November 27, 1964 Colonel Joseph L. Chalk and Major George O. Taylor, Jr., were on the brief for Appellant, Accused. ' Colonel Edwin G. Sehuck, Lieutenant Colonel Francis M. Cooper, and Captain Barrie G. Sullivan, II, were on the brief for Appellee, United States. [MAJORITY — PER CURIAM:] 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.