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absence accused action allowed appear application approved Army arrest Article authority called cause challenge Chapter charge civil commander committed confinement Congress considered constitute convening conviction course court court-martial crime criminal defence Department Dept detailed DIGEST direct discharge duty effect enlisted evidence execution exercise existing expressed fact finding force further given ground guilty Hart held Hough indicated instance intent issue judge advocate jurisdiction March material matter ment military nature necessary noticed O'Brien objection offence officer opinion Opins original otherwise particular party period person plea practice present President prisoner proceedings proper properly provision punishment question rank reason record referred regard regiment regulations remarked reviewing rule sentence Simmons soldier specific statement statute sufficient superior taken term testimony tion trial tried United witness
Strana 41 - Martial law, which is built upon no settled principles, but is entirely arbitrary in its decisions, is, as Sir Matthew Hale observes, in truth and reality no law, but something indulged rather than allowed as a law. The necessity of order and discipline in an army is the only thing which can give it countenance.
Strana 949 - was less formally contained in the preamble to an Act of May 13, 1846, in these words :—"Whereas, by the act of the Republic of Mexico, a state of war exists between that government and the United States,
Strana 873 - ART. 41. Any officer who, by any means whatsoever, occasions false alarms in camp, garrison, or quarters, shall suffer death, or such other punishment as a court-martial may direct. ''ART. 44. Any person belonging to the armies of the United States who makes known the watchword to any person not entitled to receive it, according to
Strana 813 - troop, battery, or company, and to order officers into arrest, and non-commissioned officers and soldiers into confinement, who take part in the same, until their proper superior officer is acquainted therewith. And whosoever, being so ordered, refuses to obey such officer or non-commissioned officer, or draws a weapon upon him, shall be
Strana 995 - soldier, officer, or other person not having lawful right to sell or pledge the same, Shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as a court-martial may adjudge. And if any person, being guilty of any of the offences aforesaid, while
Strana 1045 - ART. 99. No officer shall be discharged or dismissed from the service, except by order of the President, or by sentence of a general court-martial; and in time of peace no officer shall be dismissed, except in pursuance of the sentence of a court-martial, or in mitigation thereof.
Strana 101 - if any person, being guilty of any of the offences aforesaid, while in the military service of the United States, receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a courtmartial, in the same manner and to
Strana 651 - to carry into execution the sentence of death, or of dismissal of an officer, may suspend the same until the pleasure of the President shall be known; and, in such case, he shall immediately transmit to the President a copy of the order of suspension, together with a copy of the proceedings of the court.'''
Strana 774 - proof thereof by two witnesses, before a court-martial, be dismissed from the service, and shall thereby be disabled to hold any office or employment in the service of the United States.'' The natural order of these Articles, and that in which they have appeared in all previous codes, commencing with that of