
    UNITED STATES, Appellee v HORACE H. YELVERTON, Sergeant, U. S. Army, Appellant
    8 USCMA 424, 24 CMR 234
    No. 10,009
    Decided November 15, 1957
    
      Major Edward Fenig and First Lieutenant William H. Carpenter were on the brief for Appellant, Accused.
    
      Lieutenant Colonel Thomas J. Newton was on the brief for Appellee, United States.
   Opinion of the Court

Homer Ferguson, Judge:

The issue raised in this case is the same as that in United States v Rine-hart, 8 USCMA 402, 24 CMR 212, decided this date. For the reason stated in our opinion in that case, the decision of the board of review is reversed. The record of trial is returned to The Judge Advocate General of the Army. A rehearing on the sentence is ordered.

Chief Judge Quinn concurs.

Judge Latimer dissents.  