
    UNITED STATES, Appellee v EDWARD J. KUHL, Private First Class, U. S. Marine Corps, Appellant
    16 USCMA 193, 36 CMR 349
    No. 19,193
    April 8, 1966
    
      Captain L. G. Bohlen, USMC, argued the cause for Appellant, Accused. Lieutenant John P. Meade, USNR, was on the pleadings for Appellant, Accused.
    
      Colonel J. E. Hanthorn, USMC, argued the cause for Appellee, United States.
   Opinion of the Court

Ferguson, Judge:

This case was tried in common with United States v Kugima, 16 USCMA 183, 36 CMR 339, this day decided, and involves the identical issue whether the general court-martial appointed by the Chief of Staff, Third Marine Division, then acting as the Commanding Officer of that organization, was duly constituted. For the reasons set forth in the Kugima case, supra, we find that authority to appoint the general court-martial was present.

The decision of the board of review is affirmed.

Chief Judge Quinn and Judge Kil-day concur.  