
    UNITED STATES, Appellee v TIMOTHY JOHNSON, Airman Second Class, U. S. Air Force, Appellant
    9 USCMA 150, 25 CMR 412
    No. 11,170
    Decided April 11, 1958
    
      
      Lieutenant Colonel Ellis L. Gottlieb and Major Dwight R. Rowland were on the brief for Appellant, Accused.
    
      Lieutenant Colonel Robert W. Michels and Major Carl Goldschlager were on the brief for Appellee, United States.
   Opinion of the Court

ROBERT E. Quinn, Chief Judge:

The accused challenges the sufficiency of the staff judge advocate’s post-trial advice. In part, the staff judge advocate informed the convening authority that the “evidence is sufficient to support the findings and sentence with the exception of value.” The advice has substantially the same defect we noted in United States v Romero, 8 USCMA 524, 25 CMR 28. Accordingly, the decision of the board of review is reversed. The record of trial is returned to The Judge Advocate General of the Air Force for reference to a competent convening authority for proceedings consistent with this opinion.

Judge FERGUSON concurs.

Judge Latimer dissents.  