United States v. Paige

DECISION

HODGSON, Chief Judge:

Pursuant to a pretrial agreement the appellant was convicted of adultery and sentenced to a dismissal. His appeal centers on claimed irregularities in the pretrial investigation and the failure of the trial judge to sustain a challenge for cause against a court member during the sentencing portion of the trial. We affirm the conviction, but are obliged to order a rehearing on sentencing for reasons later discussed in this opinion.

I

During the sentencing phase of the trial, appellant’s counsel offered the stipulated testimony of the Chief of Security Police at…