United States v. Barfield

Opinion of the Court

COOK, Judge:

On a previous appeal, this Court authorized a rehearing for sentencing because of prejudicial error in the denial of a defense request for a continuance to obtain an *137Army psychiatrist, Dr. Gould, as a witness. 22 U.S.C.M.A. 321, 46 C.M.R. 321 (1973). The question here is the correctness of the trial judge’s denial, at the rehearing, of a defense motion, under paragraph 81b (2), Manual for Courts-Martial, United States, 1969 (Rev.), to suspend the proceeding and refer to this Court the accused’s contention that his plea of guilty at the original trial was…