# United States v. Waymire

> United States Court of Military Appeals · May 16, 1958 · 9 C.M.A. 252

URL: https://www.frixlaw.com/law-library/cases/8572220

## Case

- **Full name:** UNITED STATES v. ROBERT M. WAYMIRE, Specialist First Class, U. S. Army
- **Court:** United States Court of Military Appeals
- **Decided:** May 16, 1958
- **Citations:** 9 C.M.A. 252; 9 USCMA 252; 26 C.M.R. 32; 1958 CMA LEXIS 576; 1958 WL 3286
- **Precedential status:** Published
- **Opinion:** Dissent by Quinn
- **Judges:** Ferguson, Latimer, Quinn
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8572220

## Opinion text

Quinn, Chief Judge
(dissenting):
When the board of review decided this case it had only two members. From their opinion, they apparently could not agree on the law; accordingly they effected a practical “disposition” of the case. This Court has taken similar action in a number of cases. United States v McMahan, 6 USCMA 709 , 21 CMR 31 ; United States v Dunnahoe, 6 USCMA 745 , 21 CMR 67 ; United States v Cudd, 6 USCMA 630 , 20 CMR 346 . The United States Court of Appeals for the Fifth Circuit has also taken such action under similar circumstances. Gulf Oil Corporation v Wright, 236 F2d 46 (CA 5th Cir) (1956). I would, therefore, answer the certified question in the affirmative.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8572220. Public record. Not legal advice.