A Manual for Courts-martial: Rev. in the Office of the Judge Advocate General of the Army, and Pub. by Direction of the President. Effective April 1, 1928 |
Common terms and phrases
absence without leave accused accused's action adjudged admissible alleged appointing authority approval Army Article of War assault with intent assistant trial judge challenge circumstances commanding officer copy court of inquiry court-martial may direct COURTS-MARTIAL-PROCEDURE crime or offense cross-examination death defense counsel desertion dishonorable discharge drunk duly duty enlistment evidence execution fact false felony finding of guilty findings and sentence forfeiture Fort Jay fraudulent habeas corpus hard labor imposed Infantry intent to commit issue jurisdiction knowingly larceny law member lesser included offense matter ment military law military service mutiny or sedition noncommissioned officer oath offense charged party person subject present President prisoner proceedings Proof proper prosecution punishment reason record of trial rehearing reviewing authority rule sodomy special court-martial statement subject to military summary court summary court-martial sworn testify testimony thereof tion trial judge advocate United unless warrant officer willfully witness wrongfully
Popular passages
Page 99 - Manslaughter is the unlawful killing of a human being, without malice. It is of three kinds: 1. Voluntary - upon a sudden quarrel or heat of passion. 2. Involuntary — in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection; provided that this subdivision shall not apply to acts committed in the driving of a vehicle.
Page 205 - All members of a court-martial are to behave with decency and calmness. ART. 88. Members of a court-martial may be challenged by a prisoner but only for cause stated to the court. The court shall determine the relevancy and validity thereof, and shall not receive a challenge to more than one member at a time.
Page 206 - An Act to codify, revise, and amend the penal laws of the United States " (volume 35, United States Statutes at Large, page 1088), or any amendment thereof, shall be punished as therein provided.
Page 203 - States, the commanding officer of each garrison, fort, post, camp, or other place, brigade, regiment, detached battalion, or other detached command, may appoint special courts-martial for his command; but such special courts-martial may in any case be appointed by superior authority when by the latter deemed desirable.
Page 225 - States now or hereafter enacted, or against any person acting under or by authority of any such officer, on account of any act done under color of his office or of any such law, or on account of any right, title or authority claimed by such officer or other person under any such law...
Page 216 - Art. 86. Misbehavior of sentinel. Any sentinel who is found drunk or sleeping upon his post, or who leaves it before he is regularly relieved, shall, if the offense be committed in time of war, suffer death or such other punishment as a court-martial may dire'ct...
Page 53 - No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be held to be a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
Page 269 - To be dishonorably discharged the service; to forfeit all pay and allowances due, or to become due; and to be confined at hard labor at such place as the reviewing authority may direct for two years.
Page 225 - ... proceed therein as if the cause had been originally commenced in said district court and the same proceedings had been taken in such suit or prosecution in said district court as shall have been had therein in said State court prior to its removal, and said district court shall have full power to hear and determine said cause.
Page 220 - ART. 87. Personal Interest in Sale of Provisions. — Any officer commanding in any garrison, fort, barracks, camp, or other place where troops of the United States may be serving who, for his private advantage, lays any duty or imposition upon or is interested in the sale of any victuals or other necessaries of life brought into such garrison, fort, barracks, camp, or other place for the use of the troops shall be dismissed from the service and suffer such other punishment as a court-martial may...