The practice of courts-martial, also the legal exposition and military explanation of the Mutiny act, and articles of war (Google eBook)

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1825
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Contents

Charges may be altered before the warrant is signed
31
The charges must in substance possess the essential requisites of an indictment 25 The commencement of the indictment or charges 26 The statement ...
32
There must be a certainty as to the person against whom the offence was committed 29 There must be a certainty as to time and place
34
There must be a certainty as to the facts circumstances and intent constituting the offence
36
SI Two or more offences should not be charged in the same count of the indictment
40
The words of theindictraent must be positive S3 The facts in the indictment must not be repugnant
41
Additional accounts how added to charges So Conclusion of the indictment or charges 36 Joinder of two or more persons in one indictment
42
Joinder of several offences in one indictment
43
S8 Limitation of time within which a charge can be preferred 39 Form of charges preferred against an officer
44
Form of charges preferred against noncommissioned officers and soldiers 41 Rank of the president of a general courtmartial
45
Credit of the Witnesses for the Prosecution impeached by the Prisoner p 954
46
The number and rank of the members of a general courtmartial 43 Native general courtsmartial
48
General regimental courtsmartial 45 Detachment courtsmartial 46 Regimental c courtsmartial 47 Station or line buzar courtsmartial for the recovery o...
49
Assembly of the general courtmartial
50
Postponement of the assembly of the general courtmartial
51
Form of summonses to witnesses for the prosecution or defence
52
The mode of obtaining the attendance of witnesses in a civil
53
Explanation of the Mutiny Act of the duty of Troops
55
Mutiny c P 60 to
111
Musters cP 113 to
136
Persons accused of capital ciimes to be delivered over to
143
Desertion and Absence Without LeaveP 136 to
174
Quarrels and Sending ChallengesP 174 to
211
Suttling cP 212 to
219
Chap XCrimes punishable by Law P 219 to
228

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Page 26 - You, as foreman of this grand jury, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge ; the counsel of the people of this state, your fellows...
Page 812 - He then relates two very extraordinary cases of malicious prosecution for this crime, that had happened within his own observation ; and concludes thus : " I mention these instances, that we may be the more " cautious upon trials of offences of this nature, wherein the " court and jury may with so much ease be imposed upon, " without great care and vigilance ; the heinousness of the " offence many times transporting the judge and jury with so " much indignation, that they are overhastily carried...
Page 769 - ... deliberate act upon the same footing with regard to guilt. So, also, if a man be greatly provoked, as by pulling his nose, or other great indignity, and immediately kills the aggressor, though this is not excusable se defendendo, since there is no absolute necessity for doing it to preserve himself, yet neither is it murder, for there is no previous malice, but it is manslaughter.
Page 283 - Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of...
Page 315 - Any person belonging to the armies of the United States who makes known the watchword to any person not entitled to receive it, according to the rules and discipline of war, or presumes to give a parole or watchword different from that which he received, shall suffer death, or snch other punishment as a court-martial may direct.
Page 774 - ... we may take it for a general rule that all homicide is malicious, and of course amounts to murder, unless where justified by the command or permission of the law ; excused on the account of accident or self-preservation ; or alleviated into manslaughter, by being either the involuntary consequence of some act, not strictly lawful, or, if voluntary, occasioned by some sudden and sufficiently violent provocation (53). And all these circumstances of justification, excuse, or alleviation, it is incumbent...
Page 568 - ... void ; and such person shall be admitted as a witness to the execution of such will or codicil...
Page 726 - There must in general be an actual breaking ; not a mere legal clausum fregit, (by leaping over invisible ideal boundaries, which may constitute a civil trespass,) but a substantial and forcible irruption. As at least by breaking, or taking out the glass of, or otherwise opening, a window : picking a lock, or opening it with a key ; nay, by lifting up the latch of a door, or unloosing any other fastening which the owner has provided.
Page 477 - ... peace officer in the execution of his duty, or upon any person acting in aid of such officer, of any neglect or breach of duty as a peace officer, of any assault committed in pursuance of any conspiracy to raise the rate of wages...
Page 800 - Perjuries is or are assigned, without setting forth the Bill, Answer, Information, Indictment, Declaration, or any Part of any Record or Proceeding either in Law or Equity other than as aforesaid, and without setting forth the Commission or Authority of the Court, or Person or Persons before whom the Perjury was committed ; any Law, Usage, or Custom to the contrary notwithstanding.

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