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Digest of Davis' Military Law of the United States and the Manual for Courts ...
Horace G. Ball
No preview available - 2012
absence accused adjudge appoint approval arrest Article assistant judge-advocate challenge charge commanding officer commissioned officers confinement Constitution convening authority conviction copy counsel court of inquiry court-martial may direct crime or offense criminal deposition desertion detached dishonorable discharge dismissal district duty effect enlistment evidence execution fact false forfeiture garrison habeas corpus hard labor issue lesser included offense Martial Law ment military commission military court military law military offense military persons military service military tribunals mitigation months muster muster-rolls mutiny non-commissioned officer oath or affirmation officer or soldier pardon party penitentiary perjury person subject plea plead PLEAS IN ABATEMENT President prisoner procedure proceedings prosecution Provided punishment record regulations rules sentence special court-martial specification statement statute subject to military subpoena suffer death summary court summary courts-martial superior authority suspension tence territorial testify testimony thereof thority tion United voir dire writ
Page 106 - General courts-martial shall have power to try any person subject to military law for any crime or offense made punishable by these articles and any other person who by the law of war is subject to trial by military tribunals...
Page 131 - 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 121 - Columbia, and punishable by the laws of the land, the commanding officer is required, except in time of war, upon application duly made, to use his utmost endeavor to deliver over such accused person to the civil authorities, or to aid the officers of justice in apprehending and securing him, in order that he may be brought to trial.
Page 120 - 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 tne 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 is served upon him within eight days after his arrest...
Page 120 - ... until their proper superior officer is acquainted therewith. And whosoever, being so ordered, refuses to obey such officer or noncommissioned officer, or draws a weapon upon him, shall be punished as a courtmartial may direct.
Page 114 - When an officer is dismissed from the service for cowardice or fraud, the sentence shall further direct that the crime, punishment, name and place of abode of the delinquent shall be published in the newspapers in and about the camp, and in the State from which the offender came, or where he usually resides; and after such publication it shall be scandalous for an officer to associate with him.
Page 125 - Article 105, shall be dismissed from the service, or otherwise punished, as a courtmartial may direct' to military law shall use any reproachful or provoking speeches or gestures to another; and any person subject to military law who offends against the provisions of this -article shall be punished as a court-martial may direct.
Page 109 - That the fees of such witness and his mileage, at the rates allowed to witnesses attending the courts of the United States...
Page 112 - The proceedings of a court-martial shall not be held invalid, nor the findings or sentence disapproved, in any case on the ground of improper admission or rejection of evidence or for any error as to any matter of pleading or procedure unless in the opinion of the reviewing or confirming authority, after an examination of the entire proceedings, it shall appear that the error complained of has injuriously affected the substantial rights of an accused: Provided, That the act or omission upon which...