Remarks on the Constitution and Practice of Courts Martial: With a Summary of the Law of Evidence, as Connected with Such Courts; Also Some Notice of the Criminal Law of England, with Reference to the Hundred and Second Article of War |
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Page xiii
... character which , in the course of their service , they are constantly called on to assume ; and the obligation is rendered still more imperative by the express orders of the army , which declare , " that the " duties attached to ...
... character which , in the course of their service , they are constantly called on to assume ; and the obligation is rendered still more imperative by the express orders of the army , which declare , " that the " duties attached to ...
Page xxiii
... Character 290 Sentence 304 CHAP . XII . REVISION , CONFIRMATION , AND EXECUTION OF SENTENCE .... 389 Revision ib . Confirmation 395 Execution of Sentence 405 CHAP . XIII . OF EVIDENCE . 419 General Maxims or Rules of Evidence 420 Of ...
... Character 290 Sentence 304 CHAP . XII . REVISION , CONFIRMATION , AND EXECUTION OF SENTENCE .... 389 Revision ib . Confirmation 395 Execution of Sentence 405 CHAP . XIII . OF EVIDENCE . 419 General Maxims or Rules of Evidence 420 Of ...
Page 19
... character , and thus rendered irresponsible to a court martial for insubordination to the commanding officer . be so . So long as the offender is lawfully in military is presumed to custody ; so long , it may be presumed , is he ...
... character , and thus rendered irresponsible to a court martial for insubordination to the commanding officer . be so . So long as the offender is lawfully in military is presumed to custody ; so long , it may be presumed , is he ...
Page 20
... character and responsibili- ties as a soldier by a legal discharge , or by becom- ing a transported felon ; and then , only so long as he may be undergoing the punishment . ' To use the words of this same clause , it is " from the time ...
... character and responsibili- ties as a soldier by a legal discharge , or by becom- ing a transported felon ; and then , only so long as he may be undergoing the punishment . ' To use the words of this same clause , it is " from the time ...
Page 65
... character and previous convictions . It is also now well understood that the duty of giving notice to the prisoner attaches to the staff or other officer , who makes him acquainted with the charge . The president , though acting in the ...
... character and previous convictions . It is also now well understood that the duty of giving notice to the prisoner attaches to the staff or other officer , who makes him acquainted with the charge . The president , though acting in the ...
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Common terms and phrases
accused acquitted admitted appear apply arise army arraigned arrest articles of war attend authority award british capital punishment captain cashiering character charge circumstances civil judicature clause colonel commander in chief commanding officer commission committed common law competent confinement convened conviction corporal punishment court of enquiry crime criminal custom death declared defence desertion discipline duty evidence examination exceeding facts felony forces forfeiture guard guilty imprisonment indictment intention jurisdiction justice liable lieutenant lieutenant colonel majesty majesty's martial law ment military law mutiny act necessary non-commissioned officer oath observed offence officer commanding officer or soldier opinion party penalty perjury person president prisoner proceedings proof prosecution prosecutor proved provost marshal question rank reference regimental court martial remarks render secretary at war sentence ship statute superior officer sworn tion transportation trial tried Tytler United Kingdom warrant witnesses
Popular passages
Page 564 - ... every such offender shall be guilty of felony ; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, *or for any term not less than seven years, or to be imprisoned for any term not exceeding four years : and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment...
Page 568 - ... any person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable such person, or to do some other grievous bodily harm to such person...
Page 517 - Statutes made or to be made, he may be indicted and convicted either as an Accessory after the Fact to the principal Felony together with the principal Felon, or after the Conviction of the principal Felon, or may be indicted and convicted of a substantive Felony whether the principal Felon shall or shall not have been previously convicted or shall or shall not be amenable to Justice...
Page 532 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer...
Page 563 - So, where a person does an act lawful in itself, but in an unlawful manner, and without due caution and circumspection, as when a workman flings down a stone or piece of timber into the street and kills a man, this may be either misadventure, manslaughter, or murder, according to the circumstances under which the original act was done : if it were in a country village where few passengers are, and he calls out to all people to have a care, it is misadventure only ; but if it were in London, or other...
Page 206 - ... 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 569 - ... every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years...
Page 564 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 196 - For laws without a competent authority to secure their administration from disobedience and contempt, would be vain and nugatory. A power, therefore, in the supreme courts of justice to suppress such contempts, by an immediate attachment of the offender, results from the first principles of judicial establishments, and must be an inseperable attendant upon every superior tribunal.
Page 517 - ... convicted either as an accessory before the fact to the principal felony, together with the principal felon, or after...