Remarks on the Constitution and Practice of Courts Martial: With a Summary of the Law of Evidence, as Connected with Such Courts; Also Some Notice of the Criminal Law of England, with Reference to the Hundred and Second Article of War
Thomas Frederick Simmons
F. Pinkney, 1843 - Courts-martial and courts of inquiry - 648 pages
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Page 564 - ... every such offender shall be guilty of felony ; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, *or for any term not less than seven years, or to be imprisoned for any term not exceeding four years : and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment...
Page 517 - Statutes made or to be made, he may be indicted and convicted either as an Accessory after the Fact to the principal Felony together with the principal Felon, or after the Conviction of the principal Felon, or may be indicted and convicted of a substantive Felony whether the principal Felon shall or shall not have been previously convicted or shall or shall not be amenable to Justice...
Page 532 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer...
Page 563 - So, where a person does an act lawful in itself, but in an unlawful manner, and without due caution and circumspection, as when a workman flings down a stone or piece of timber into the street and kills a man, this may be either misadventure, manslaughter, or murder, according to the circumstances under which the original act was done : if it were in a country village where few passengers are, and he calls out to all people to have a care, it is misadventure only ; but if it were in London, or other...
Page 206 - ... disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.
Page 569 - ... every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years...
Page 564 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 196 - For laws without a competent authority to secure their administration from disobedience and contempt, would be vain and nugatory. A power, therefore, in the supreme courts of justice to suppress such contempts, by an immediate attachment of the offender, results from the first principles of judicial establishments, and must be an inseperable attendant upon every superior tribunal.