A Treatise on Military Law and the Jurisdiction, Constitution, and Procedure of Military Courts: With a Summary of the Rules of Evidence as Applicable to Such Courts |
From inside the book
Page 39
... plea in bar of trial , presented by the accused , was to the effect that the charges against him were not proper to be tried by a court - martial , but only by a civil court ; and that the offense , if committed at all , was committed ...
... plea in bar of trial , presented by the accused , was to the effect that the charges against him were not proper to be tried by a court - martial , but only by a civil court ; and that the offense , if committed at all , was committed ...
Page 95
... plea is the answer by matter of fact to the charges preferred.3 Pleas are of various kinds , and may be divided for discussion into the following general classes : 1st . Pleas in bar of trial . 2d . Pleas in bar of judg- ment . 3d ...
... plea is the answer by matter of fact to the charges preferred.3 Pleas are of various kinds , and may be divided for discussion into the following general classes : 1st . Pleas in bar of trial . 2d . Pleas in bar of judg- ment . 3d ...
Page 96
... plea being an admission that there is no foundation for the former . Pleas in Bar of Trial are divided into pleas to the ju- risdiction , and special pleas . Pleas to the Jurisdiction . A plea to the jurisdiction sets forth a reason why ...
... plea being an admission that there is no foundation for the former . Pleas in Bar of Trial are divided into pleas to the ju- risdiction , and special pleas . Pleas to the Jurisdiction . A plea to the jurisdiction sets forth a reason why ...
Page 97
... plea , the question hinges upon some fault in the enlistment papers , the judge - advocate should produce them , and may afterwards introduce other evi- dence . Under this third head a person may plead that he is not a retainer to the ...
... plea , the question hinges upon some fault in the enlistment papers , the judge - advocate should produce them , and may afterwards introduce other evi- dence . Under this third head a person may plead that he is not a retainer to the ...
Page 98
... plea valid . We will first discuss the cases which would not render this a valid plea . They are : - ( a ) Where a court of inquiry had examined the charges and expressed an opinion . ( b ) Where the accused was tried by an illegally ...
... plea valid . We will first discuss the cases which would not render this a valid plea . They are : - ( a ) Where a court of inquiry had examined the charges and expressed an opinion . ( b ) Where the accused was tried by an illegally ...
Common terms and phrases
absence accused administer appointed approved army arraigned arrest Article of War Artillery Captain cers challenge civil courts cloth commanding officer commissioned officers committed common law competent confinement Congress constitute convicted copy corps counsel court of inquiry court-martial may direct crime criminal death deemed desertion discharge dismissal duly duty enlisted evidence execution fact finding garrison Greenleaf guilty habeas corpus held Ibid Infantry Interrogatory judge judge-advocate jurisdiction justice Lieutenant Martial Law matter ment military commission military court military law necessary nolle prosequi non-commissioned officer oath offense officer commanding officer or soldier Opinions Attorney-General Opinions J. A. G. party person plea pleaded President prisoner proceedings proper proved punishment question record refuse regiment Regulations reviewing authority reviewing officer Revised Statutes Secretary Secretary of War sentence sworn tence testify testimony thereof tion trial tried troops United voire dire vote witness
Popular passages
Page 373 - I, AB, do solemnly swear (or affirm ) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and articles of war.
Page 368 - Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered...
Page 294 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States...
Page 384 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Page 117 - ... 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 347 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.* 906.
Page 114 - States,' without partiality, favor, or affection; and if any doubt should arise, not explained by said articles, according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear that you will not divulge the sentence of the court until it shall be published by the proper authority...
Page 433 - Treatise on the Combustion of Coal and the Prevention of Smoke, by C. W. Williams ; and the Economy of Fuel, by TS Prideaux.
Page 421 - If, upon marches, guards, or in quarters, different corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, or militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case.
Page 123 - The deposition may be taken before any judge of any court of the United States, or any commissioner of a circuit court, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court or court of common pleas, of any of the United States...