
    UNITED STATES, Appellee v LEO R. GRANT, Private First Class, U. S. Marine Corps, Appellant
    20 USCMA 187, 43 CMR 27
    No. 23,471
    December 4, 1970
    
      Lieutenant Allen D. Black, JAGC, USNR, was on the pleadings for Appellant, Accused.
    
      Commander Michael F. Fasanaro, Jr., JAGC, USN, was on the pleadings for Appellee, United States.
   Opinion of the Court

Darden, Judge:

Failure of the military judge to interrogate the appellant on the record to determine, in compliance with paragraph 53d(2)(&), Manual for Courts-Martial, United States, 1969 (Revised edition), that Grant’s request for trial by a military judge alone was “understandingly made” is not reversible error for the reasons stated in United States v Jenkins, 20 USCMA 112, 42 CMR 304 (1970), and United States v Turner, 20 USCMA 167, 43 CMR 7 (1970).

The decision of the United States Navy Court of Military Review is affirmed.

Chief Judge Quinn concurs.

Ferguson, Judge

(dissenting) :

I dissent.

I would reverse the decision of the Court of Military Review and direct that a rehearing may be ordered for the reasons set forth in my separate opinions in United States v Jenkins. 20 USCMA 112, 42 CMR 304 (1970), and United States v Turner, 20 USCMA 167, 43 CMR 7 (1970).  