A Treatise on Military Law and the Jurisdiction, Constitution, and Procedure of Military Courts: With a Summary of the Rules of Evidence as Applicable to Such CourtsD. Van Nostrand, 1879 - 460 pages |
From inside the book
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Page 12
... allowed to govern by martial rule until the laws can have their free course . As neces- sity creates the rule , so it limits its duration ; for if this government is continued after the courts are re - instated , it is a gross ...
... allowed to govern by martial rule until the laws can have their free course . As neces- sity creates the rule , so it limits its duration ; for if this government is continued after the courts are re - instated , it is a gross ...
Page 44
... allowed to serve out his time of confinement , and that he then be turned over to the civil authorities for trial for the assault and battery . The Adjutant - General , in a letter to the com- manding general Department of Dakota , said ...
... allowed to serve out his time of confinement , and that he then be turned over to the civil authorities for trial for the assault and battery . The Adjutant - General , in a letter to the com- manding general Department of Dakota , said ...
Page 64
... allowed , but unless other limits are assigned to him , he must observe a close arrest . It is customary to fix the limits at the time of arrest , but an officer at any time may apply for an extension of those limits.3 3 Sword . The ...
... allowed , but unless other limits are assigned to him , he must observe a close arrest . It is customary to fix the limits at the time of arrest , but an officer at any time may apply for an extension of those limits.3 3 Sword . The ...
Page 69
... allowed for misappre- hension or mistake . " " 1 A similar doctrine has been laid down by the Supreme Court in this country : -In the case of Wilkes vs. Dins man , an action of trespass was brought by the defendant , a marine , against ...
... allowed for misappre- hension or mistake . " " 1 A similar doctrine has been laid down by the Supreme Court in this country : -In the case of Wilkes vs. Dins man , an action of trespass was brought by the defendant , a marine , against ...
Page 80
... allowed . To charge an offense as committed " on or about such a time " is considered sufficient . There is no exact construction to be placed upon the words " on or about , " as used in the allegation of time in a specification . The ...
... allowed . To charge an offense as committed " on or about such a time " is considered sufficient . There is no exact construction to be placed upon the words " on or about , " as used in the allegation of time in a specification . The ...
Common terms and phrases
absence accused administer appointed approved army arraigned arrest Article of War Artillery Captain cers challenge civil courts cloth commanding officer commissioned officers committed common law competent confinement Congress constitute convicted copy corps counsel court of inquiry court-martial may direct crime criminal death deemed desertion discharge dismissal duly duty enlisted evidence execution fact finding garrison Greenleaf guilty habeas corpus held Ibid Infantry Interrogatory judge judge-advocate jurisdiction justice Lieutenant Martial Law matter ment military commission military court military law necessary nolle prosequi non-commissioned officer oath offense officer commanding officer or soldier Opinions Attorney-General Opinions J. A. G. party person plea pleaded President prisoner proceedings proper proved punishment question record refuse regiment Regulations reviewing authority reviewing officer Revised Statutes Secretary Secretary of War sentence sworn tence testify testimony thereof tion trial tried troops United voire dire vote witness
Popular passages
Page 373 - I, AB, do solemnly swear (or affirm ) that 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.
Page 368 - Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered...
Page 294 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States...
Page 384 - 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.
Page 117 - ... disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.
Page 347 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.* 906.
Page 114 - States,' without partiality, favor, or affection; and if any doubt should arise, not explained by said articles, according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear that you will not divulge the sentence of the court until it shall be published by the proper authority...
Page 433 - Treatise on the Combustion of Coal and the Prevention of Smoke, by C. W. Williams ; and the Economy of Fuel, by TS Prideaux.
Page 421 - If, upon marches, guards, or in quarters, different corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, or militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case.
Page 123 - The deposition may be taken before any judge of any court of the United States, or any commissioner of a circuit court, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court or court of common pleas, of any of the United States...