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78. Marine and regular army officers associated on courts, 391,
79. Officers triable by general courts-martial, 391.
80. Field officer's court, 392.
81. Regimental courts, 392.
82. Garrison courts, 392.
83. Jurisdiction of minor courts, 392.
84. Oath of members of courts-martial, 392.
85. Oath of judge-advocate, 393.
86. Contempts of court, 393.
87. Behavior of members, 393.
88. Challenges by prisoner, 393.
89. Prisoner standing mute, 393, .
90. Judge-advocate, prosecutor, and counsel for prisoner, 393.
91. Depositions, 394.
92. Oath of witness, 394.
93. Continuances, 394.
94. Hours of sitting, 394 .
95. Order of voting, 394.
96. Sentence of death, 394.
97. Penitentiaries, 394,
98. Flogging, etc., 395.
99. Discharge and dismissal of officers, 395.
100. Publication of officers cashiered for cowardice or fraud, 395.
101. Suspension of officers' pay, 395.
102. No person tried twice for same offense, 395.
103. Limitation of time of prosecution, 395.
104. Approval of sentence by officer ordering court, 396.
105. Confirmation of death sentence, 396.
106. Confirmation of dismissals in time of peace, 396.
107. Dismissed by division or brigade court, 396.
108. General officers, sentences respecting, 396.
109. Confirmation by officer ordering court, 396.
110. Confirmation of field officer's sentences, 397.
111. Suspension of sentences of death or dismissal, 397.
112. Pardon and mitigation of sentences, 397.
113. Proceedings forwarded to Judge-Advocate General, 397.
114. Party entitled to a copy, 397.
115. Courts of inquiry, how ordered, 397.
116. Members of courts of inquiry, 398.
117. Oaths of members and recorder of court of inquiry, 398..
118. Witnesses before courts of inquiry, 398.

119. Opinion, when given, 398.
120. Authentication of proceedings of court of inquiry, 398.
121. Proceedings of courts of inquiry used as evidence, 399.
122. Command when different corps happen to join, 399.
123. Regular and volunteer officers on same footing as to rank, etc., 399.
124. Rank of militia officers on duty with officers of regular or volun-

teer forces, 399.
125. Deceased officer's effects, 399.
126. Deceased soldier's effects, 400.
127. Effects of deceased officers and soldiers to be accounted for, 400.
128. Articles of War to be published once in six months to every

regiment, etc., 400.

Sec. 1343, Spies, 400.
ATTORNEY. (See Counsel.)

B.

BACKENSTOS, Lieut. Col., case of, 140, 141.
BANSMAN, William, case of, 196, 197, .
BATTERY. (See Assault and Battery.)
BIRD, William B., case of, 43, 44, 46.
BRIGHT, Frederick, case of, 261-264,
BURDEN OF PROOF,

Tests for determining where it lies, 322, 328.

Court decides where it lies, 323.
BUREAU OF MILITARY JUSTICE,

How organized, 219.
BURGLARY,

Definition of, 358.
Requisites to prove, 358–360.

.
CAMP FOLLOWERS,

How punished, 59-61.
CASHIERING,

Effect of, 161.
CHALLENGES,

How defined, 89.
Allowed only for cause stated, 89.
Allowed only to one member at a time, 89.
Peremptory, not allowed, 89.
To the array, what, 89.

CHALLENGES,

When proper, 90.
To the poll, how divided, 90.
To the favor, defined, 91.
Cases of, 91-93.
Principal, definition of, 90.
When proper, 90, 91.
When more than

one,

all to be stated, 93.
Time for making, 94.
Order of, 94,
On field officer's court, 95.
To fight duels, what constitutes, 245, 247,
Right of, on court of inquiry, 274,

On retiring boards, 289.
CHALLENGED MEMBER,

May make statement, 91.
Statement of, sometimes received without oath, 92.
May be examined on voire dire, 92, 93.
Retiring, during deliberation on challenge, 93.
Rule as to excusing, 93, 94.

Excused from one case, not excused from others, 94,
CHARACTER,
Accused

may

call witness as to, 137.
Evidence as to, allowed by courts martial, 314.
How confined, 315.
Value of, 315, 316.

Bad character, when allowed, 316.
CHARGES AND SPECIFICATIONS,

Consist of what, 77,
Form of, (See Forms.)
No one form necessary, 77.
Principal requirements of, 77, 78.
When offense falls under specific article, how charged, 78.
When 62d article should be resorted to, 78, 79.
Objection to laying charges as “violation of a specific

article," 79.
Better to use words of articles in, 79, 80.
Averments as to time, 80.

As to place, 81.

As to circumstances, 81, 82,
Rank, name, etc., in, 82.

CHARGES AND SPECIFICATIONS,

Indecent language may be omitted in, 81, 82.
Dates in, how set forth, 82.
Intent, when set forth, 82.
Facts of different nature not to be included in same, 83.
Who may prefer, 83–85.
Junior preferring, to be how governed, 83, 84.
Additional rule as to, 85.
What may be tried, 85, 86.
When to be preferred, 86, 87.
Should be examined by commanding officer, 87.
Should be examined by court before trial, 124, 125.
Names of witnesses to be appended to, 87.
Alteration of, 87, 88.
Delaying or accumulating, 88.

Copy of, to be furnished accused, 222,
CIVILIANS,

When liable to trial by courts-martial, 63.

Employed in service; amenability of, to military law, 61.

-63.
CIVIL AUTHORITY,

Delivery of military offenders to, 256, 264.

Subordination of military. to, 39, 40.
CIVIL COURTS,

Cannot interfere with military courts when, 37, 38,

Have concurrent jurisdiction with courts-martial when, 38, 39
CIVIL OFFENSES.

Not triable by courts-martial in time of peace, 96.
When triable by courts-martial, 96.

What, triable in time of war, 38.
CLERKS,

Oath of, on courts-martial, 120,
COMMISSARY SERGEANTS,

Not to be reduced, 56.

When triable by minor courts, 56.
COMMUTATION,

Who

may grant, 198.
COMPETENCY OF WITNESSES,

(See Witnesses.)
COMPULSION,

When a good plea in bar of judgment, 106-108.

CONDUCT,

Unbecoming an officer and gentleman, 265–268.
To the prejudice of good order and military discipline, 268,

269.
CONFESSIONS,

(See Evidence.)
CONFINEMENT, (See Arrests and Punishments.)

Sentence of, commences when, 205, 206.
Place of, by whom changed, 206.
What counted, in determining time of, 206.

Escape of soldier from, effect of, 206, 255.
CONFIRMATION, (See Reviewing Officer.)

Power of, includes what, 182.
CONSPIRATORS,

Acts of, how regarded, 309.
CONTEMPTS,

Courts-martial may punish for, when, 145–148.
Committed by members of courts, how punished, 146.

Civilians, how punished, 146–148.

Military persons, how punished, 70, 71.
Committed before courts of inquiry, 277.

Of witnesses, 345.
CONTINUANCES,

May be granted when, 127.
CONVENING AUTHORITY,

Control of, over courts-martial, 144, 145.
CORPORAL PUNISHMENT,

When authorized, 172.

What regarded as, 172.
COUNSEL,

Accused is entitled to, 125.
Who may act as, 125, 126.
Time for introduction of, 125.
Court has a right of objecting to particular, 125.
Members cannot be relieved to act as, 126.
Persons having interest cannot insist on acting as, 126.
To assist judge-advocate, 126.
Privileges of, 126.
May be punished for contempts, 146.
When required by. officers, course to pursue, 294.
Communications to, when privileged, 332.

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