10 C.M.A. 659 | United States Court of Military Appeals | 1959
Dissenting Opinion
(dissenting) :
I dissent.
After summarizing the evidence presented by both parties, the staff legal officer, in his post-trial review, advised the officer exercising general court-martial jurisdiction, inter alia, that in his opinion the competent evidence of record established beyond a reasonable doubt accused’s guilt of the larceny for which he was convicted, and that the findings were correct in law and fact. Accordingly, for the reasons set forth
I would affirm the decision of the board of review.
Lead Opinion
Opinion of the Court
The decision of the board of review is reversed and the action of the supervisory 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 supervisory authority for further proceedings under Articles 61, 64 and 65, Uniform Code of Military Justice, 10 USC §§ 861, 864 and 865.