A Treatise on the Law and Practice of Naval Courts-martial |
From inside the book
Results 1-5 of 100
Page x
... Party not to be permitted to discredit his own Witness by general Evidence . Credit of a Witness may be impeached by the opposite Party . - Evidence of Seamen should not be rejected on slight Grounds . - Opinion of the Law Officers as ...
... Party not to be permitted to discredit his own Witness by general Evidence . Credit of a Witness may be impeached by the opposite Party . - Evidence of Seamen should not be rejected on slight Grounds . - Opinion of the Law Officers as ...
Page xv
... Party complained of . — Appoint- ment and Duties of Provost - Marshal - - - - - 162 CHAPTER XX . OBSERVATIONS ON THE FRAMING OF THE CHARGES - 168 CHAPTER XXI . FORM OF CHARGES . Form of Charges . - Remarks on the Crime of Desertion ...
... Party complained of . — Appoint- ment and Duties of Provost - Marshal - - - - - 162 CHAPTER XX . OBSERVATIONS ON THE FRAMING OF THE CHARGES - 168 CHAPTER XXI . FORM OF CHARGES . Form of Charges . - Remarks on the Crime of Desertion ...
Page xvii
... Party dies on board the Ship , the Body ought not to be subjected to a Coroner's Inquest 265 266 - 267 No. XVII . Case of Lieutenant Frye of the Marines , and the Consequences resulting from illegal Pro- ceedings at a Court - Martial ...
... Party dies on board the Ship , the Body ought not to be subjected to a Coroner's Inquest 265 266 - 267 No. XVII . Case of Lieutenant Frye of the Marines , and the Consequences resulting from illegal Pro- ceedings at a Court - Martial ...
Page 16
... party was under twenty - one years of age , and therefore , in con- sideration of law , an infant . We find , that by the wisdom of the common law , an infant cannot be a juror ; and we therefore think it may be presumed , that the ...
... party was under twenty - one years of age , and therefore , in con- sideration of law , an infant . We find , that by the wisdom of the common law , an infant cannot be a juror ; and we therefore think it may be presumed , that the ...
Page 18
... parties ; for they can have no interest in the issue of the trial , and no bias of any kind to give evidence against the truth . " * It is only when the Court decide that the objections raised by the prisoner are of such a nature as to ...
... parties ; for they can have no interest in the issue of the trial , and no bias of any kind to give evidence against the truth . " * It is only when the Court decide that the objections raised by the prisoner are of such a nature as to ...
Other editions - View all
Common terms and phrases
accessory accused acquitted Act 22 Geo Act of Parliament actual service Admiralty article of war attend authority belonging Boatswain Captain charge not proved charge proved command commander-in-chief commission committed common law conduct Court court-martial crime defence desert directed Dismissed his ship Dismissed the service disobedience of orders Drunkenness duty examination execution Fcap felony flag-officer fleet or squadron full pay guilty HAND-BOOK imprisoned indictment jesty's Judge Judge-Advocate jurisdiction jury justice Lieutenant Lord High Admiral Lords Commissioners Lordships Majesty's ship manslaughter Marine martial master murder mutinous naval courts-martial oath offence opinion party person Post 8vo Post Captain present president prisoner proceedings prosecution prosecutor Proved Fully proved Proved Proved Proved racter rank receive 100 lashes render Royal Navy Seaman Second charge Second Edition senior officer sentence service and full severely reprimanded sit as members suffer death superior officer sworn tion trial tried vols witness Woodcuts
Popular passages
Page 128 - ... at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it that he did not know he was doing what was wrong.
Page 128 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 127 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 126 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons : as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?
Page 130 - ... the English judges replied, "We think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But...
Page 53 - ... on the trial of any issue joined, or of any matter or question or on any inquiry arising in any suit, action or...
Page 128 - ... occasions, has generally been, whether the accused, at the time of doing the act, knew the difference between right and wrong, which mode, though rarely, if ever, leading to any mistake with the jury, is not, as we conceive, so accurate when put generally, and in the abstract, as when put to the party's knowledge of right and wrong, in respect to the very act with which he is charged.
Page 41 - Hilary term, applied at such sittings to put off the trial, on the ground of the absence of a material witness...
Page 151 - But no power on earth, except the authority of parliament, can send any subject of England out of the land against his will; no, not even a criminal.
Page 289 - An Act for amending, explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty's Ships, vessels and forces by Sea...