
    UNITED STATES, Appellee v JEROME ROBINSON, Fireman Recruit, U. S. Navy, Appellant
    18 USCMA 159, 39 CMR 159
    No. 21,742
    March 7, 1969
    
      Lieutenant Donald B. Brant, Jr., JAGC, USNR, was on the pleadings for Appellant, Accused.
    
      Commander Walter F. Brown, JAGC, USN, was on the pleadings for Appellee, United States.
   Opinion of the Court

Per Curiam:

Government counsel concedes that the procedure followed by the convening authority in the appointment of the court-martial in this case is the same as that determined to be vio-lative of the Uniform Code of Military Justice in United States v McLaughlin, 18 USCMA 61, 39 CMR 61. Accordingly, the findings of guilty and the sentence are set aside. A rehearing may be ordered.  