Military Law and Precedents, Volume 1Little Brown,, 1896 - Military law |
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Common terms and phrases
¹See accused action adjudged applied approved Army Regulations arrest Article Articles of war Benét Bishop challenge Chapter charge Circ civil Clode commander commissioned officers committed common law confinement Congress constitute convening conviction court of inquiry court-martial criminal Dakota defence Department Dept desertion DIGEST disapproved discharge dishonorable discharge duly duty effect enlisted eral evidence execution fact forfeiture Greenl guilty Hart held Hough imprisonment indicated judge advocate July 27 jurisdiction juror justice matter ment military law military offence militia Navy nolle prosequi non-commissioned officer O'Brien oath objection officer or soldier opinion Opins pardon party person Platte plea pleading practice President prisoner proceedings proper properly prosecution provision punishment rank record referred regiment reviewing authority reviewing officer rule Secretary of War sentence Simmons specific statement statute tence term testimony tion trial Wharton witness
Popular passages
Page 466 - That this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice...
Page 108 - ... unless, by reason of having absented himself, or of some other manifest impediment, he shall not have been amenable to justice within that period.
Page 806 - After which the president of the court shall administer to the recorder the following oath: " You, AB, do swear that you will, according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God.
Page 598 - whenever by any of the articles of war for the government of the army the punishment on conviction of any military offense is left to the discretion of the court-martial, the punishment therefor shall not, in time of peace, be in excess of a limit which the President may prescribe.
Page 601 - ... the proof iS evident, or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
Page 179 - Art. 72. Report of prisoners received. Every commander of a guard to whose charge a prisoner is committed shall, within twentyfour hours after such confinement, or as soon as he is relieved from his guard, report in writing to the commanding officer the name of such prisoner, the offense charged against him, and the name of the officer committing him ; and if he fails to make such report he shall be punished as a cpurt-martial may direct.
Page 193 - Courts will generally take notice of whatever ought to be generally known within the limits of their jurisdiction.
Page 163 - No person put in arrest shall be continued in confinement more than eight days, or until such time as a court-martial can be assembled. When any person is put in arrest for the purpose of trial, except at remote military posts or stations, the officer by whose order he is arrested shall see that a copy of the charges on which he is to be tried...
Page 353 - When a prisoner, arraigned before a general court-martial, from obstinacy and deliberate design, stands mute, or answers foreign to the purpose, the court may proceed to trial and judgment, as if the prisoner had pleaded not guilty.
Page 378 - No person shall be liable to be tried and punished by a general court-martial for any offense which shall appear to have been committed more than two years before the issuing of the order for such trial, unless the person, by reason of having absented himself, or some other manifest impediment, shall not have been amenable to justice within that period.