
    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.
   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.  