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COURTS OF INQUIRY,
Established for what purpose, 270.
Who may assemble, 270, 271.
Composition of, 271.
Recorder of, 271.
Procedure of, 272-274.
Members of, to take oath, 274.
Right of challenge exists in, 274.
Jurisdiction of, 274, 275.
When to give an opinion, 275.
Hours of sitting of, 275.
Statute of limitation, not applicable to, 275.
Open or closed court, 275,276.
Record of, to be kept, 276.
To whom forwarded, 213.
Proceedings of, not a trial, 276.
Rules of evidence on, 276, 277.
An officer not entitled of right to, 277.
Copy of record of, how obtained, 277.
Contempts before, rule as to, 277.
Proceedings of, may be admitted as evidence before courts-
martial when, 350.
How different from a regimental court for doing justice, 52.
Different kinds of, 24.
General, how composed, 24–26.
Who may appoint, 30, 31.
Number of members on, 24.
When articles were first adopted, 24.
May proceed when five members present, 25, 124.
Reasons for selecting thirteen as maximum, 24.
When less than thirteen detailed on, order required
to state what, 25.
Not required to remain at original number detailed, 25.
Reduced below minimum competent for what pur-
President of, who in English service, 25.
Who in American service, 25.
Who competent to sit as members of in English ser-
Competency to sit as members of, of medical officers
and paymasters, 26–28.
Of graduated cadets with brevet rank, 28.
Of professors of the military academy, 29.
Of officers of the marine corps, 29.
Of chaplains, 28.
Of milita and volunteer officers, 29.
Regimental, how composed, 26.
Number of members, 26.
Originally, how composed, 26.
Who may appoint, 31, 32.
Garrison, how composed, 26.
Who may appoint, 32–34.
Field-officer's, how composed, 26.
When established, 26.
When authorized, 26.
Who may appoint, 26.
Field-officer cannot detail himself as, 33.
Drumhead, in English service, 26.
Mixed courts, 29.
Milita and volunteer courts, 29. -
Staff-officers of superior rank may be detailed, by garrison
commander, 32, 33.
Courts of justice within the meaning of article 84, 116.
Power of, to summon witnesses, 224.
Cannot expel a member, 140, 141.
Cannot punish judge-advocate, 233.
Cannot excuse a member, 143.
Must proceed to judgment unless molle prosequi entered, 143.
Control over, 144, 145.
Jurisdiction of, (See Jurisdiction and Members.)
CREDIBILITY OF WITNESSES, -
CRIMES, (See Principals and Accessaries.)
Definition of, 352.
At common law, how divided, 352.
Parties to, how classified, 353.
Witnesses cannot refuse to answer, 344, 345.
CUSTOM OF WAR,
How defined, 21.
A source of military law, 21.
Finds its applicability principally when, 21.
Finding under article, requiring penalty of, 150, 151.
Sentence of, requires approval of President when, 187.
In time of war, how approved, 187.
Application for, when to be made, 127.
When asked for, accused required to state what, 127.
To make statement, allowed, 135.
Effect of absence of, from department, 186.
May set aside proceedings of minor courts, 189.
When allowed to be taken, 121, 122.
What necessary to allow reading of, 122, 123.
Where opposite party consents, may be read in certain
By whom authenticated, 122, 123.
How punished, 170, 172.
DESERTION. What regarded as, 255.
Of an officer, how approved, 185, 188.
The term, includes what, 348.
What primary evidence of, 305.
Public, definition of, 348.
Proof and effect of, 348.
Handwriting in, how proved, 351.
DRUNKENNESS, (See Intoxication.)
On duty, what regarded as, 248-253.
DYER, General, case of, 274.
Definition of, by common law, 367.
As enlarged by Congress, 367, 368.
In charges of, transcript from Treasury books,
how regarded, 302, 303.
Relieving the, 253, 254.
Corresponding with the, 254, 255.
Meaning of term, 253.
What constitutes, so as to render person amenable to trial, 302.
Rules of, on courts-martial, 114, 300.
On courts of inquiry, 276, 277.
Courts cannot depart from rules of, 114.
Effect of, depends on credibility of witnesses, 114.
Definition of, 301. -
Originating, by courts-martial, 133, 134.
Divisions of, 301.
As to nature, how classified, 301.
Primary, defined, 301.
What regarded as primary, in cases of orders, 305.
Best, must be produced, 302.
Exceptions, to this rule, 302, 303.
Secondary, when allowed, 303.
What to be shown before allowed, 303.
Refers chiefly to what, 303.
In cases of lost document, 303.
Where document is in hands of opposite party,
Where document is in hands of third parties, 304
Degrees of, 304, 305.
Introduction of weaker, how regarded, 305.
Direct, definition of, 305.
How derived, 305.
Circumstantial, definition of, 306.
Of two kinds, 306.
Circumstantial, conclusive, when, 306.
Presumptive, when, 306.
Value of presumptions, 306, 308.
Presumptions, how divided, 306.
Of law, what, 306.
Of fact, what, 306.
Bearsay, definition of, 307, 308.
Reasons for not admitting, 308.
What not regarded as, 308, 309.
Exceptions to rule rejecting, 310, 311.
Dying declarations, when admitted in, 310.
Testimony on former trial, how proved, 310, 311.
Object of, 312
Must be confined to point at issue, 312,313.
Object of this rule, 312.
Exceptions to this rule, 313, 315.
Of facts tending to prove other facts not generally ad-
Only substance of issue need be proved, 316.
Rules of, as to matter of substance, 316, 317.
As to matter of description, 317, 318.
Regarding averments, as to name, 318, 320.
As to time, 320.
As to place, 321.
As to value, 321.
As to mode of committing an
As to written documents, 322.
Variance in charges, and how corrected, 319, 320.
Affirmative of issue to be proved, 322.
Not to be confounded with negative, 322.
And negative, mean what, 322.
Tests, for determining where burden of proof lies, 322, 823.
Instruments of, 324.
Confessions, when admitted as, 338, 340.
Must be voluntary, 338.
What not regarded as voluntary, 338.
Official character of person to whom made
does not affect admissibility of 338.
To private individual, how regarded, 338.