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 61
... party , to which any person so tried , convicted and adjudged to suffer punishment shall belong , shall have approved and confirmed the same ; " it is therefore evident , that by a distinct detachment , is intended nothing more than an ...
... party , to which any person so tried , convicted and adjudged to suffer punishment shall belong , shall have approved and confirmed the same ; " it is therefore evident , that by a distinct detachment , is intended nothing more than an ...
Page 77
... party , the Either party soldier alleging or the officer charged with doing the wrong , " may , if he thinks himself still aggrieved , appeal to a general court mar- tial ; but if the party appealing be convicted . of having made a ...
... party , the Either party soldier alleging or the officer charged with doing the wrong , " may , if he thinks himself still aggrieved , appeal to a general court mar- tial ; but if the party appealing be convicted . of having made a ...
Page 78
... party can be said to be tried a second time , and even should the opinion which has been offered above as to the necessity of his subse- quent arraignment be incorrect , and the general court martial have the power under the law as it ...
... party can be said to be tried a second time , and even should the opinion which has been offered above as to the necessity of his subse- quent arraignment be incorrect , and the general court martial have the power under the law as it ...
Page 82
... party has the appeal , from the very words of the article itself . In all other cases not within this article , I conceive the appeal to be a question of discretion with the general officer , and for the reason you state , ( viz . of ...
... party has the appeal , from the very words of the article itself . In all other cases not within this article , I conceive the appeal to be a question of discretion with the general officer , and for the reason you state , ( viz . of ...
Page 85
... party conceiving himself to be aggrieved has it always in his power to appeal through the medium of the commander in chief , who must first determine whether there are just grounds for a review of the sentence . " It cannot be deserves ...
... party conceiving himself to be aggrieved has it always in his power to appeal through the medium of the commander in chief , who must first determine whether there are just grounds for a review of the sentence . " It cannot be deserves ...
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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...