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Confessions, who decides as to admission of, 339.
Course of practice, in receiving, 339.
Of a person, not evidence against an accomplice,
The whole to be taken, 339.
Courts may believe parts of, 339.
Rule as to facts discovered in consequence of,
non-receivable, 339, 340.
Credibility of, 340.
Sufficiency of, 346, 347.
Cumulative, how defined, 347.
Not generally necessary, 347.
Documentary, how defined, 347.
Preferred to parol, 350.
When introduced, opposite party entitled to what, 351.
May testify as such, in certain cases, 342.
Not to give opinion on general merits, 342.
May testify as to customs of service, 342.
When called as witnesses, what to be first shown, 342.
FALSE CERTIFICATES. (See Article 13.)
Two witnesses required to prove, 346.
FALSE RETURNS. (See Article 8.)
What regarded as, 353.
Rule as to challenges on, 95.
Field officers sitting as, not required to take oath, 119.
Deliberations on, 149, 150.
Care to be exercised by members in, 149, 150.
Not to be governed by personal knowledge, 150.
Voting on, manner of, 150, 151.
Questions on, determined by what vote, 151.
Manner of recording, 151, 152.
Cases of erroneous, 152, 153,
Proper, what regarded as, 153-156.
Not guilty of one article, but guilty of another, correct
Honorable acquittal, when adopted on, 154,
Failure to agree on, 157.
Definition of, 369.
When consummated, 369.
Requisites to prove, 369.
FORMER ACQUITTAL OR CONVICTION,
What will constitute, 99.
What will not constitute, 98.
Plea of, privilege of accused, 99.
How regarded as a plea in bar, 109, 110.
Of order appointing a general court-martial, 401.
A garrison court-martial, 402.
A court of inquiry, 402.
Of record of court-martial proceedings, 403.
Field-officers court, 403.
Of indorsement of court-martial proceedings, 409.
Of indorsement of envelope forwarding proceedings, 409.
Of charges and specifications, 405.
Of indorsement forwarding charges, 413.
Of subpæna for civilian witnesses, 413.
Of affidavit of service of subpæna, 414.
Of summons for military witnesses, 415.
Of blank for payment of a citizen witness, 415.
Of application for a writ of habeas corpus ad testif-
Of writ of attachment, 417.
Of deposition, 420.
Of return to writ of habeas corpus, 421.
(See Article 60.)
FRYE, Lieut., case of, 36.
GASSAWAY, Lieut., case of, 100.
GORDON, Lord George, case of, 308, 309.
GUILLON, Surgeon, case of, 197.
What evidence allowed to prove, 313, 314.
GUNTHER, Sergeant, case of, 259, 260.
Writ of, definition of, 295.
By whom it may be issued, 295.
Cases in which it may be issued, 295, 296.
Return to, how made, 296, 297.
When to produce body on, 296, 298.
When issued from state court, course to pursue,
Suspension of, 298, 299.
Manner of obtaining, 299.
Cases of, how to be charged, 86.
HALL, Capt., case of, 200,
How proved, 351.
(See Murder and Manslaughter.)
Definition of, 361.
How classified, 361.
Justifiable, different kinds of, 361, 362.
Excusable, different kinds of, 362.
By misadventure, what, 362.
In self-defense, what, 362, 363.
Felonious, definition of, 363.
Include what, 363.
Not to be reduced, 56.
When triable by minor courts, 56.
HOURS OF SESSION,
How limited, 144,
HOWE, Capt., case of, 39, 40, 101.
HUSBAND AND WIFE,
Confessions of, how regarded, 339.
How defined, 103, 327.
Cannot commit crimes, 103.
Incompetency of, as witnesses, 327.
Of law, no excuse, 105.
What offenses included under term, 335.
Persons convicted of, not competent to testify, 335.
How established, 314.
Where several are laid in an indictment, 317.
May be appointed on military courts, 120.
Oath of, 120, 121.
How regarded as a plea in bar, 104, 105.
When allowed, 145.
Right of challenge, in case of, 145.
Accomplices, when allowed to testify, in cases of, 330, 331.
Courts take, of what, 347.
In case of a pardon, 196.
How proved, 348, 349.
Who may be appointed as, 221.
Must be appointed as such, 221.
by whom, 221.
May be relieved by convening authority, 234.
Is not challengeable, 94.
Duties of, preliminary to trial, 222–227.
As to summoning witnesses, 222–224.
In securing rooms and stationery, 226, 227.
during trial, 227–232.
Should supervise order and charges, 227.
When two years appear to have elapsed before
trial, to do what, 128.
May request delay, 228.
May open case with statement, 129, 229.
Administers oaths, 228.
Must be sworn, 228.
Keeps the record, 208, 229.
Should announce close of prosecution, 132.
Has right of closing argument, 136.
Argument of, to contain what, 136, 137.
When absent, proceedings suspended, 142.
Responsibility of, 144. 234, 235.
Shonld call attention of court to illegal pro-
Cannot protest against action of court, 231.
Cannot insist upon his opinion being entered
on the record, 231.
Opinion, when to give, 231.
Responsibility for, 232.
Right of court to, 232.
Value of, 232.
May be a witness, 233, 234.
During deliberations on finding, 232, 233.
Communications of, not received at that
Must not disclose vote in recording finding, 151.
When to forward record, 181.
To transmit record to whom, 213.
How far under orders of the court, 87, 144, 233.
Should exercise care in advising as to pleas,
Should give certificate of attendance to wit-
As prosecutor, 229.