A Treatise on Military Law and the Practice of Courts-martialD. Van Nostrand, 1862 - 377 من الصفحات |
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الصفحة 26
... indictment of a grand jury , except in cases arising in the land or naval forces , or in the militia when in actual service in time of war or public danger ; nor shall any person be subject for the same offence to be twice put in ...
... indictment of a grand jury , except in cases arising in the land or naval forces , or in the militia when in actual service in time of war or public danger ; nor shall any person be subject for the same offence to be twice put in ...
الصفحة 52
... indictment . But under whatever article a charge is laid , the specification to it must state the act in terms appropriate to that article , and not in terms which necessarily refer to some other article ; and where the act cannot be ...
... indictment . But under whatever article a charge is laid , the specification to it must state the act in terms appropriate to that article , and not in terms which necessarily refer to some other article ; and where the act cannot be ...
الصفحة 89
... well and truly try and determine . The officer who appoints the court finds the " true bill " of indictment , but the judge advocate , as prosecu tor for the United States , has official right to THE TRIAL AND ITS INCIDENTS . 89.
... well and truly try and determine . The officer who appoints the court finds the " true bill " of indictment , but the judge advocate , as prosecu tor for the United States , has official right to THE TRIAL AND ITS INCIDENTS . 89.
الصفحة 97
... indictment . Yet in many instances , where , contrary to evi- 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 ...
... indictment . Yet in many instances , where , contrary to evi- 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 ...
الصفحة 98
... indictment was required . At the present day verdict is not necessary . It is sufficient , if the accused has been put on trial on a valid indictment ; if he has pleaded and been given in charge to the jury ; and if there be no valid ...
... indictment was required . At the present day verdict is not necessary . It is sufficient , if the accused has been put on trial on a valid indictment ; if he has pleaded and been given in charge to the jury ; and if there be no valid ...
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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...