
    UNITED STATES, Appellant v HAROLD R. COURTWRIGHT, Sentenced Prisoner (formerly U. S. Air Force), and WILLIE PORTER, Sentenced Prisoner (formerly U. S. Army), Appellees
    13 USCMA 322, 32 CMR 322
    No. 15,999
    September 14, 1962
    
      First Lieutenant Jerome Nelson argued the cause for Appellant, United States. With him on the brief were Major Francis M. Cooper and First Lieutenant Charles D. Reaves.
    
    
      First Lieutenant Gary G. Keltner argued the cause for Appellees, Accused. With him on the brief were Lieutenant Colonel Ralph Herrod and Captain Richard A. Baenen.
    
   Opinion of the Court

Quinn, Chief Judge:

For the reasons set out in United States v Franchia, 13 USCMA 315, 32 CMR 315, we answer the certified question in the affirmative, and affirm the decision of the board of review.

Judge Kilday concurs.

FERGUSON, Judge

(concurring in the result):

I concur in the result for the reasons set forth in my separate opinion in United States v Franchia, this day decided.  