Military Law, Svazek 1W.H. Morrison, 1886 |
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Strana ix
... REVIEWING AUTHORITY .. 632 CHAPTER XXII . INFERIOR COURTS - MARTIAL AND MILITARY BOARDS ... 682 CHAPTER XXIII . THE RECORD .... 709 CHAPTER XXIV . COURTS OF INQUIRY ... 729 CHAPTER XXV . THE ARTICLES OF WAR SEPARATELY CONSIDERED . 756 ...
... REVIEWING AUTHORITY .. 632 CHAPTER XXII . INFERIOR COURTS - MARTIAL AND MILITARY BOARDS ... 682 CHAPTER XXIII . THE RECORD .... 709 CHAPTER XXIV . COURTS OF INQUIRY ... 729 CHAPTER XXV . THE ARTICLES OF WAR SEPARATELY CONSIDERED . 756 ...
Strana 42
... reviewing authority , ) will not unfrequently have occasion to take into consideration the unwritten law or practice of the service . 2. Laws or Customs of War . These are the rules and prin- ciples , almost wholly unwritten , which ...
... reviewing authority , ) will not unfrequently have occasion to take into consideration the unwritten law or practice of the service . 2. Laws or Customs of War . These are the rules and prin- ciples , almost wholly unwritten , which ...
Strana 67
William Winthrop. Thus resting upon law , authority and precedent , this power may now be regarded as no longer open ... reviewing authority , passing upon the pro- ceedings of such trial , or executing the punishment , if any , awarded ...
William Winthrop. Thus resting upon law , authority and precedent , this power may now be regarded as no longer open ... reviewing authority , passing upon the pro- ceedings of such trial , or executing the punishment , if any , awarded ...
Strana 69
... reviewing authority and especially before the President . Regularly , indeed , where the accused is informed as to the action , and animus of the commander in the case , he should properly take the objection at the arraignment ; but as ...
... reviewing authority and especially before the President . Regularly , indeed , where the accused is informed as to the action , and animus of the commander in the case , he should properly take the objection at the arraignment ; but as ...
Strana 85
... reviewing authority would be to disapprove the proceedings . Volunteers , & c . , as eligible for trial of regulars . It may be noted that while regular officers are thus precluded by Art . 77 from trying offenders belonging to the ...
... reviewing authority would be to disapprove the proceedings . Volunteers , & c . , as eligible for trial of regulars . It may be noted that while regular officers are thus precluded by Art . 77 from trying offenders belonging to the ...
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Běžně se vyskytující výrazy a sousloví
absence accused action adjudged application approved Army Regulations arrest Article Articles of war Benét Bishop challenge Chapter charge civil Clode commanding officer commissioned officers committed common law confinement Congress constitute convening conviction court of inquiry court-martial crime criminal defence Dept desertion DIGEST disapproved discharge dishonorable discharge dismissal duly duty effect enemy enlisted eral evidence execution fact forfeiture Greenl guilty Gustavus Adolphus Hart held Hough indicated James II judge advocate jurisdiction juror larceny matter ment military law military offence mutiny nolle prosequi non-commissioned officer O'Brien officer or soldier opinion Opins pardon party penalty person Platte plea pleading practice President prisoner proceedings proper properly prosecution provision punishment record referred regiment reviewing authority reviewing officer rule Samuel Secretary of War sentence Simmons specific statement statute superior tence term testimony tion trial Wharton witness
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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