Digest of Opinions of the Judge Advocate General of the Army

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U.S. Government Printing Office, 1865 - Military law - 136 pages
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Page 72 - ... mayhem, wounding by shooting or stabbing with an intent to commit murder, robbery, arson, burglary, rape, assault and battery with an intent to commit rape, and larceny, shall be punishable by the sentence of a general courtmartial or military commission, when committed by persons who are in the military service of the United States, and subject to the articles of war; and the punishments for such offenses shall never be less than those inflicted by the laws of the State, Territory, or district...
Page 51 - Seventh, where there are a father and sons in the same family and household, and two of them are in the military service of the United States as non-commissioned officers, musicians, or privates, the residue of such family and household, not exceeding two, shall be exempt.
Page 49 - That all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared on oath their intention to become citizens...
Page 123 - August 31, 1864. was issued from the War Department a general order — No. 251 of that year — which directed as follows: " Where a post or district command is composed of mixed troops, equivalent -to a brigade, the commanding officer of the department or Army will designate it in orders as 'a separate brigade...
Page 11 - Whether the trial of an officer by officers of an inferior rank can be avoided or not, is a question not for the accused or the court, but for the officer convening the court; and his decision (as indicated by the detail itself as made in the convening order) upon this point, as upon that of the number of members to be detailed, is conclusive.
Page 103 - ... made by himself against such decision entered upon the record. The conclusions of the court (except in cases of death sentences, where a concurrence of two-thirds is required) are to be determined invariably by the vote of the majority of its members, and it is much less important that individual members should have an opportunity of publishing their personal convictions than aThe further function devolved upon...
Page 13 - The.US courts, in treating the term " put in jeopardy" as meaning practically tried, hold that the' ' jeopardy " indicated "can be interpreted to mean nothing short of the acquittal or conviction of the prisoner and the judgment of the court thereon."1 So, held that the term
Page 74 - Where the proceedings of a court-martial have regularly terminated, and the sentence has been confirmed and ordered to be executed by the proper and final reviewing authority, the fact that the record has since been...
Page 80 - Constitution," says the Judge Advocate General (Digest, p. 79, 80, sec. 18), " which gives the right of trial by jury to persons held to answer for capital or otherwise infamous crimes — except when arising in the land or naval forces — is often referred to as conclusive against the jurisdiction of military courts, over such offences when committed by citizens. But, though the letter of the article would give force to such an argument, yet in construing the different parts of the Constitution...
Page 56 - Overtures were made by a person to the servant of a publican to induce him to join in robbing his master's till. The servant communicated the matter to the master, and...

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