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 2
... justice ; and , in the present day , though the composition of a district or gar- rison court martial and its jurisdiction are strictly defined by the mutiny act , yet there is no clause pointing out the mode of its formation , as there ...
... justice ; and , in the present day , though the composition of a district or gar- rison court martial and its jurisdiction are strictly defined by the mutiny act , yet there is no clause pointing out the mode of its formation , as there ...
Page 8
... justice within that period , when it is extended to any time not exceeding two years after the impediment shall have ceased . ' We shall here advert to the general jurisdiction of courts martial , as affecting crimes and persons , under ...
... justice within that period , when it is extended to any time not exceeding two years after the impediment shall have ceased . ' We shall here advert to the general jurisdiction of courts martial , as affecting crimes and persons , under ...
Page 16
... justice , they should consent to renounce the privilege in that instance , in so far as the body of parliament is concerned , as the individual member is understood to have renounced it for himself , by the acceptance of a military ...
... justice , they should consent to renounce the privilege in that instance , in so far as the body of parliament is concerned , as the individual member is understood to have renounced it for himself , by the acceptance of a military ...
Page 17
... justice and reason forbid their being in situations to administer it . Such privilege , did it exist , would unquestionably afford sufficient cause to render them ineligible as members of courts martial ; and the fact might be pleaded ...
... justice and reason forbid their being in situations to administer it . Such privilege , did it exist , would unquestionably afford sufficient cause to render them ineligible as members of courts martial ; and the fact might be pleaded ...
Page 30
... justice . It has now , however , been deemed expedient to limit the operation of this equitable provision to places where there may be no civil judicature in force by the appointment or under the authority of her majesty ; ( " by our ...
... justice . It has now , however , been deemed expedient to limit the operation of this equitable provision to places where there may be no civil judicature in force by the appointment or under the authority of her majesty ; ( " by our ...
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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...