
    UNITED STATES, Appellee v HERMAN LINDSEY, Acting Staff Sergeant, U. S. Marine Corps, Appellant
    11 USCMA 38, 28 CMR 262
    No. 13,429
    Decided November 20, 1959
    
      Lieutenant Colonel E. W. Johnson, USMC, was on the brief for Appellant, Accused.
    
      Commander Craig McKee, USN, was on the brief for Appellee, United States.
   Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The decision of the board of review is reversed and the action of the convening authority is set aside. United States v Bennie, 10 USCMA 159, 27 CMR 233. The record of trial is returned to The Judge Advocate General of the Navy for reference to a competent convening authority for further proceedings under Articles 61 and 64, Uniform Code of Military Justice, 10 USC §§ 861, 864.

Judge Ferguson concurs.

Judge Latimer dissents.  