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 69
... action of trespass was brought by the defendant , a marine , against his commanding officer for holding him after his term of service , as claimed by him , had expired . The court held , that a public officer , invested with certain ...
... action of trespass was brought by the defendant , a marine , against his commanding officer for holding him after his term of service , as claimed by him , had expired . The court held , that a public officer , invested with certain ...
Page 71
... action was dis- approved by the President of the United States , on the ground that the 86th Article did not authorize a court- martial to punish its own members.1 Courts - martial may order in arrest , for the contempts spoken of in ...
... action was dis- approved by the President of the United States , on the ground that the 86th Article did not authorize a court- martial to punish its own members.1 Courts - martial may order in arrest , for the contempts spoken of in ...
Page 73
... action before the civil courts for false imprisonment . While the 67th Article requires the officer command- ing a guard to receive and keep any prisoner committed to his charge , it must be taken with some limitations . Generally ...
... action before the civil courts for false imprisonment . While the 67th Article requires the officer command- ing a guard to receive and keep any prisoner committed to his charge , it must be taken with some limitations . Generally ...
Page 74
... action for assault and false impris- onment . One judge ( Earle ) held that the article applied only to those who are soldiers de facto , and not to those whose qualifications as soldiers are disputed . " It was ruled by the remainder ...
... action for assault and false impris- onment . One judge ( Earle ) held that the article applied only to those who are soldiers de facto , and not to those whose qualifications as soldiers are disputed . " It was ruled by the remainder ...
Page 85
... them , presented directly to the court , through the judge - advocate , and the court proceed to the trial of 1 Opinions J. A. G. , p . 82 . the same , such action would not affect the validity CHARGES AND SPECIFICATIONS . 85.
... them , presented directly to the court , through the judge - advocate , and the court proceed to the trial of 1 Opinions J. A. G. , p . 82 . the same , such action would not affect the validity CHARGES AND SPECIFICATIONS . 85.
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...