
    UNITED STATES, Appellee v LEO R. ROMANO, Private E-2, U. S. Army, Appellant
    9 USCMA 557, 26 CMR 337
    No. 11,515
    Decided September 12, 1958
    
      Captain Arnold I. Melnick and First Lieutenant Gerald G. Barton were on the brief for Appellant, Accused.
    
      
      Major Thomas J. Nichols and First Lieutenant Chester F. Relyea were on the brief for Appellee, United States.
   Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The instructional question in this case is the same as that in United States v Hairston, 9 USCMA 554, 26 CMR 334. For the reasons set out in the principal opinion in that case, the decision of the board of review here is affirmed.

Judge LatimeR concurs.

Judge FERGUSON dissents.  