United States v. Gentile

*463OPINION OF THE COURT

The accused’s persistent threats to remove his clothing in the presence of the court members if he were forced to stand trial in a military uniform prompted the military judge to order the accused handcuffed. Appellant now contends that he was deprived of a fair and impartial trial as a result of the judge’s order.

As a general proposition, an accused is entitled to appear at his trial free from physical restraint. Way v United States, 285 F2d 253 (10th Cir 1960); State v Roberts, 86 NJ Super 159, 206 A2d 200 (1965). That general rule must yield where an individual disrupts…