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 Courts |
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Page 8
... COMMISSIONS 278 CHAPTER XXI . RETIRING BOARDS 287 CHAPTER XXII . PROCEEDINGS AT LAW AGAINST OFFICERS . 294 CHAPTER XXIII . EVIDENCE 300 CHAPTER XXIV . OBJECT OF EVIDENCE 312 CHAPTER XXV INSTRUMENTS OF EVIDENCE . 324 CHAPTER XXVI ...
... COMMISSIONS 278 CHAPTER XXI . RETIRING BOARDS 287 CHAPTER XXII . PROCEEDINGS AT LAW AGAINST OFFICERS . 294 CHAPTER XXIII . EVIDENCE 300 CHAPTER XXIV . OBJECT OF EVIDENCE 312 CHAPTER XXV INSTRUMENTS OF EVIDENCE . 324 CHAPTER XXVI ...
Page 11
... commissions.1 We have said , in cases of this kind , that military au- thority is substituted . By this is meant the ... commission for " inciting insurrection , " " viola- 1 G. O. 20 , Feb. 19 , 1847. G. O. 287 , Sept. 17 , 1847 . 2 Ex ...
... commissions.1 We have said , in cases of this kind , that military au- thority is substituted . By this is meant the ... commission for " inciting insurrection , " " viola- 1 G. O. 20 , Feb. 19 , 1847. G. O. 287 , Sept. 17 , 1847 . 2 Ex ...
Page 12
... commission . Upon this question . five of the nine judges held , " that there are occasions when martial rule can be properly applied . If , in foreign invasion or civil war , the courts are actually closed , and it is impossible to ...
... commission . Upon this question . five of the nine judges held , " that there are occasions when martial rule can be properly applied . If , in foreign invasion or civil war , the courts are actually closed , and it is impossible to ...
Page 13
... commission had no jurisdiction . in this particular case , understood the majority opinion to assert that it was not in the power of Congress to have given it jurisdiction . With this latter doctrine they refused to agree . They held ...
... commission had no jurisdiction . in this particular case , understood the majority opinion to assert that it was not in the power of Congress to have given it jurisdiction . With this latter doctrine they refused to agree . They held ...
Page 16
... commissions cannot try soldiers . Military Jurisdiction is therefore of two kinds ; first , that which is conferred by statute ; second , that which is derived from the common law of war . In the United States the jurisdiction conferred ...
... commissions cannot try soldiers . Military Jurisdiction is therefore of two kinds ; first , that which is conferred by statute ; second , that which is derived from the common law of war . In the United States the jurisdiction conferred ...
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Common terms and phrases
¹ G. O. ¹ Opinions absence accused appointed approved army arrest Article of War Artillery Brevet challenge charge civil courts Cloth commanding officer commissioned officers committed common law competent confinement Congress constitute convicted corps counsel court of inquiry court-martial may direct crime criminal death deemed desertion discharge dismissed duly duty enlisted evidence execution fact felony finding garrison Greenleaf guilty habeas corpus held Ibid Infantry issue judge judge-advocate jurisdiction justice 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 President prisoner proceedings proper proved punishment question record refuse regiment Regulations reviewing authority reviewing officer Revised Statutes Secretary Secretary of War sentence specification sworn tence testify testimony thereof tion trial tried troops United voire dire vote West Point witness