United States v. Clark

I concur with the lead opinion as to Issue I. However, after reviewing the record of trial I must respectfully disagree with the majority’s conclusion that the evidence was factually and legally insufficient to support the appellant’s conviction on Specification 2 of Charge III.

For factual sufficiency, the test for this Court is whether, after weighing the evidence in the record of trial and making allowances for not having personally observed the witnesses, we are convinced of the appellant’s guilt beyond a reasonable doubt. Turner, 25 M.J. at 325. For legal sufficiency, the test for this…