United States v. Ward

Opinion of the Court

COOK, Judge:

Appellant was convicted by a special court-martial with members of the transfer of heroin in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. The sole question presented on appeal is whether the military judge should have recused himself rather than denying the request for trial before judge alone.

During an Article 39(a)1 session, the military judge noted that he had previously presided over a case in which a Private Ault was the accused. Appellant here had appeared as a defense witness in the Ault case and his testimony included an…