United States v. McQueen

Opinion of the Court

We granted review of the following contention:

THE MILITARY JUDGE ERRED IN DENYING THE CHALLENGE FOR CAUSE AS TO CAPTAIN KASPER, COURT MEMBER.

Resolution is readily performed by using the rule laid down in United States v. Deain, 5 U.S.C.M.A. 44, 49, 17 C.M.R. 44, 49 (1954):

If the evidence touching the issue is in conflict, the balance must be struck by the person or persons having authority to rule on the challenge. There must be a clear abuse of discretion in resolving the conflict before an appellate tribunal, which lacks the power to reweigh the facts, will reverse a…