United States v. Swagger

OPINION OF THE COURT

McKAY, Judge:

Once again this court is required to adjudicate an issue on appeal that should never have come to be. The President of the appellant’s court-martial at Fort Ord, California, was the installation provost marshal, i.e., the chief law enforcement officer and the officer directly responsible to the Commander (the convening authority) for crime prevention at Fort Ord. Because his challenge for cause of this member, Colonel Fargason, was denied, Specialist Swagger, the appellant, now urges us to set aside his conviction of larceny (from a barracks at Fort Ord) and…