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 |
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Page 23
... decided that , — “ As the court has finally declined to adopt the views of its power and duty held by this bureau , it cannot be obliged to do so . ' 991 This accords with the decision of the Supreme Court in Decatur vs. Paulding . The ...
... decided that , — “ As the court has finally declined to adopt the views of its power and duty held by this bureau , it cannot be obliged to do so . ' 991 This accords with the decision of the Supreme Court in Decatur vs. Paulding . The ...
Page 30
... decided that the acts of the War Department are , in legal contemplation , the acts of the President.3 Any general officer commanding the army of the United States , a separate army , or a separate department , shall be competent to ...
... decided that the acts of the War Department are , in legal contemplation , the acts of the President.3 Any general officer commanding the army of the United States , a separate army , or a separate department , shall be competent to ...
Page 31
... decided that he alone to whom the law has given the authority to act in such cases , must appoint the court ; and no right to delegate such authority can be exercised without the express sanction of law . * Regimental Courts . Every ...
... decided that he alone to whom the law has given the authority to act in such cases , must appoint the court ; and no right to delegate such authority can be exercised without the express sanction of law . * Regimental Courts . Every ...
Page 33
... decided by this Bureau , and as it is not known to have actually arisen in the military admin- istration , it would be premature to discuss it at present . A decided impression , however , is entertained , that a garrison commander , in ...
... decided by this Bureau , and as it is not known to have actually arisen in the military admin- istration , it would be premature to discuss it at present . A decided impression , however , is entertained , that a garrison commander , in ...
Page 35
... decided " that a justice of the peace is exempt from the performance of militia duty ; " and further said , " it follows from this opinion that a court- martial has no jurisdiction over a justice of the peace as a militiaman ; he could ...
... decided " that a justice of the peace is exempt from the performance of militia duty ; " and further said , " it follows from this opinion that a court- martial has no jurisdiction over a justice of the peace as a militiaman ; he could ...
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Common terms and phrases
absence accused appointed approved army arraigned arrest Article of War challenge charge civil courts commanding officer commissioned officers committed common law competent confinement Congress constitute convicted copy counsel court of inquiry court-martial may direct crime criminal death deemed desertion discharge dismissed duly duty enlisted evidence execution fact felony finding garrison Greenleaf guilty habeas corpus held Ibid issue judge judge-advocate jurisdiction justice Martial Law matter ment military commission military court military law military service necessary nolle prosequi non-commissioned officer oath offense officer commanding officer or soldier Opinions Attorney-General Opinions J. A. G. pardon party perjury 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 specification Supreme Court sworn tence testify testimony thereof tial tion trial tried troops United voire dire vote witness