A Treatise on Military Law and the Practice of Courts-martialD. Van Nostrand, 1862 - 377 من الصفحات |
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الصفحة 75
... dence under oath , and opinions that may be formed must rest on data of doubtful credibility . By our laws , all testimony before such courts is taken under oath , * Tytler , p . 231 . and the accused has the privilege of being present ...
... dence under oath , and opinions that may be formed must rest on data of doubtful credibility . By our laws , all testimony before such courts is taken under oath , * Tytler , p . 231 . and the accused has the privilege of being present ...
الصفحة 92
... dence given , and the proceedings of the court ; and that upon this evidence and proceedings as recorded by him , the fate of the accused is ultimately to be decided , every reflecting mind would concur in saying that the fidelity of ...
... dence given , and the proceedings of the court ; and that upon this evidence and proceedings as recorded by him , the fate of the accused is ultimately to be decided , every reflecting mind would concur in saying that the fidelity of ...
الصفحة 97
... dence , the jury have found the prisoner guilty , their ver- dict hath been mercifully set aside , and a new trial grant- ed , & c . But there hath been , yet , no instance of granting a new trial , where the prisoner was acquitted on ...
... dence , the jury have found the prisoner guilty , their ver- dict hath been mercifully set aside , and a new trial grant- ed , & c . But there hath been , yet , no instance of granting a new trial , where the prisoner was acquitted on ...
الصفحة 99
... dence offered by the defence , in refusing to allow the witness to be sworn upon evidence which did not go to his competency at all , and which , even as going to his credibility , was not in legal form , the secretary of war decided ...
... dence offered by the defence , in refusing to allow the witness to be sworn upon evidence which did not go to his competency at all , and which , even as going to his credibility , was not in legal form , the secretary of war decided ...
الصفحة 108
... dence , and is entitled to a reply . All this goes upon the record . Where the plea is not admitted by the court , the pris- oner has still the privilege of pleading to the general issue , guilty or not guilty . Should he adhere to the ...
... dence , and is entitled to a reply . All this goes upon the record . Where the plea is not admitted by the court , the pris- oner has still the privilege of pleading to the general issue , guilty or not guilty . Should he adhere to the ...
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according accused acquitted admissible admitted Amicus Curiæ answer appear application appointed army arrest article of war attorney-general brevet Captain cashiered cause challenge character charges and specifications circumstances civil commanding officer commissioned officer committed competent confession confinement constitution convened conviction court of inquiry crime criminal cross-examination decision declarations defence dence Department discretion duty dying declarations enlisted execution facts garrison give evidence guilty incompetent indictment inflicted judge advocate judgment jurisdiction jury justice martial martial law matter ment military law mitigate mutiny necessary non-commissioned officer oath object offence officer commanding officer or soldier officers and soldiers opinion pardon particular party person Phillipps plea pleaded President prisoner proceedings proof proper prosecution prosecutor proved punishment question record rules and articles secretary of war sentence summon sworn tence testimony thereof tion trial tried troop United United States army voir dire vote War Department witness
مقاطع مشهورة
الصفحة 364 - All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due, and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service. Sec. 2. And be it further enacted. That this act shall take effect...
الصفحة 78 - States, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases: and you do further swear that...
الصفحة 338 - I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and articles of war.
الصفحة 253 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
الصفحة 334 - To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; 12 To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; 13 To provide and maintain a Navy...
الصفحة 357 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
الصفحة 100 - V provides that no person shall " be subject for the same offence to be twice put in jeopardy of life or limb...
الصفحة 153 - ... in time of peace or war, respect a general officer, be carried into execution, until after the whole proceedings shall have been transmitted to the Secretary of War, to be laid before the President of the United States for his confirmation or disapproval, and orders in the case.
الصفحة 102 - America and the prisoner to be tried, and that you will duly administer justice, without partiality, favor or affection, according to the provisions of the rules and articles for the government of the armies of the United States...