silver brocade velvet missing (the same being part of the cargo of a merchant-vessel, and had been put on shore from her to perform quarantine), and that they supposed it must have been stolen by some of the "Ambuscade's" people. Three men were tried by court-martial for this offence, two of whom were adjudged to suffer death, and the other to receive 400 lashes. A doubt arose as to whether the offence proved against the prisoners amounted to a robbery within the true intent and meaning of the 30th Article of War; and whether the prisoners were triable by court-martial for the said offence, notwithstanding the same was committed out of His Majesty's dominions. The opinion of His Majesty's Advocate, Attorney-General, Solicitor-General, and counsel for the Admiralty, to whom the questions were referred, was as follows: "We think the offence charged against the prisoners was robbery within the meaning of the 30th Article; and that the prisoners might be tried under the authority of the 35th Article. "W. SCOTT, "A. MACDONALD, "JNO. SCOTT, "THOS. BEVAN. "F. C. CUST." ARTICLE 31. For that he, the said being in actual service and full To be cashiered, and rendered incapable of further em Manslaughter is the unlawful killing of another without malice either express or implied, which may be either voluntarily, upon a sudden heat, or involuntarily, but in the commission of some unlawful act. NOTE. For further information regarding this crime, see remarks appended to the 28th Article, page 189. |