Military Law, Svazek 1W.H. Morrison, 1886 |
Vyhledávání v knize
Výsledky 1-5 z 53
Strana 54
... sentences of courts military can hardly be con- sidered judicial acts . ** The very fact that the sentence of the court is not known until approved , then that the court is dissolved , and that the whole proceedings are in the ...
... sentences of courts military can hardly be con- sidered judicial acts . ** The very fact that the sentence of the court is not known until approved , then that the court is dissolved , and that the whole proceedings are in the ...
Strana 56
... sentence had been executed , or because the sentence was excessive ; and that certiorari was a proper remedy only where the rights of the party affected by the judgment of the court- martial were civil rights , and the court had acted ...
... sentence had been executed , or because the sentence was excessive ; and that certiorari was a proper remedy only where the rights of the party affected by the judgment of the court- martial were civil rights , and the court had acted ...
Strana 57
... sentence . But these collateral methods of reviewing the action of military courts have not been frequent in ... sentence of court - martial , if the court had jurisdiction to try the offender for the offence with which he was charged ...
... sentence . But these collateral methods of reviewing the action of military courts have not been frequent in ... sentence of court - martial , if the court had jurisdiction to try the offender for the offence with which he was charged ...
Strana 230
... sentence may be arrived at by a majority as in all other cases . Tie Vote . All the members must vote where a vote is re- quired , but a tie vote , when they are of an even number , is no vote , or rather is not a majority and can have ...
... sentence may be arrived at by a majority as in all other cases . Tie Vote . All the members must vote where a vote is re- quired , but a tie vote , when they are of an even number , is no vote , or rather is not a majority and can have ...
Strana 271
... sentence . There is nothing in the form of oath prescribed by our Article to preclude the judge advocate from making known the sentence to the reviewing officer prior to the forwarding to him of the completed record . In practice ...
... sentence . There is nothing in the form of oath prescribed by our Article to preclude the judge advocate from making known the sentence to the reviewing officer prior to the forwarding to him of the completed record . In practice ...
Další vydání - Zobrazit všechny
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
Oblíbené pasáže
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