United States v. Niolu

Opinion of the Court

Paul W. BROSMAN, Judge:

The initial conviction of this accused was set aside by the convening authority who directed a rehearing. The record of trial on that rehearing was considered on appeal by this Court, following affirming action by intermediate reviewing authorities. At that time we reversed and remanded because of inadequacies in the law officer’s instructions. United States v. Niolu, 2 USCMA 513, 10 CMR 11. A. second rehearing that is, a third trial was then held, and the instant conviction ensued. This, in turn, was set aside by a board of review in the office of…