United States v. Goodman

Opinion of the Court

COOK, Judge:

Convicted by Judge Martin R. Gil-martin, sitting as a special court-martial, of attempted theft and assault upon Private First Class D. Miranda, U. S. Marine Corps, while Miranda was on duty as a sentinel, the accused now contends that the judge was disqualified from acting in the case and should have recused himself immediately upon disclosure of the disqualifying circumstance.1

The trial was held in October 1974. The offenses had been committed and were investigated in August. During testimony by Staff Sergeant Spain, a Criminal Investigation Division (CID)…