United States v. Moreno

Opinion of the Court

Robert E. Quinn, Chief Judge:

This case is before us for the second time. On the first appeal, The Judge Advocate General of the Navy filed a certificate asking review of the decision by the board of review. The board dismissed the charge against the accused because the evidence was insufficient to support the conviction. Originally we could not determine whether the board *389had decided the case as a matter of law or on the basis of its fact-finding power. Therefore, we remanded the case for clarification of the grounds of its decision. United States v Moreno, 5 USCMA 500, 18…