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 35
Wise brought a suit against Withers, a collector of militia fines, for entering his
house, vi et armis, and taking away his goods to satisfy the judgment of this court.
The Supreme Court on writ of error decided “that a justice of the peace is exempt
...
Wise brought a suit against Withers, a collector of militia fines, for entering his
house, vi et armis, and taking away his goods to satisfy the judgment of this court.
The Supreme Court on writ of error decided “that a justice of the peace is exempt
...
Page 39
The court sustained this second plea, and decided that they could not take
cognizance of the offense for the trial of which the court was convened. The
commanding general disapproved this decision, inasmuch as the unmilitary
conduct ...
The court sustained this second plea, and decided that they could not take
cognizance of the offense for the trial of which the court was convened. The
commanding general disapproved this decision, inasmuch as the unmilitary
conduct ...
Page 45
The Supreme Court of Massachusetts decided in 1830 that this was “clearly a
sufficient commencement of the prosecution to authorize a court-martial to
proceed to trial and sentence, notwithstanding the term of service had expired
before the ...
The Supreme Court of Massachusetts decided in 1830 that this was “clearly a
sufficient commencement of the prosecution to authorize a court-martial to
proceed to trial and sentence, notwithstanding the term of service had expired
before the ...
Page 46
The Judge-Advocate General decided, during the war, that officers and soldiers
of volunteers remain liable to trial and punishment for military offenses, although
their terms of service have expired, if they have not been formally mustered out.
The Judge-Advocate General decided, during the war, that officers and soldiers
of volunteers remain liable to trial and punishment for military offenses, although
their terms of service have expired, if they have not been formally mustered out.
Page 57
Cadets of the Military Academy are likewise subject to trial by courts-martial,
although this was at one time questioned. In 1818 a general court-martial
decided that it had no jurisdiction to try cadets. The matter was referred to
Attorney-General ...
Cadets of the Military Academy are likewise subject to trial by courts-martial,
although this was at one time questioned. In 1818 a general court-martial
decided that it had no jurisdiction to try cadets. The matter was referred to
Attorney-General ...
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Common terms and phrases
absence according accused action allowed appear application appointed approved army arrest Article authority called cause challenge charge circumstances civil cloth commanding officer commission committed competent conduct confinement considered constitute convening convicted copy court court of inquiry court-martial crime death decided decision direct dismissal duly duty evidence examination execution fact field finding give given guilty held Illustrated issue judge judge-advocate jurisdiction justice limits martial matter military nature necessary oath objection offense officer or soldier Opinions Opinions J. A. G. particular party person plea practice present President prisoner proceedings proper proved punishment question rank reason receive record reference refuse regiment Regulations reviewing Revised rule Secretary sentence soldier specification Statutes sufficient sworn taken term testify testimony thereof tion trial tried United unless 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...
Bibliographic information
| Title | 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 |
| Author | Rollin Augustus Ives |
| Edition | 2 |
| Publisher | D. Van Nostrand, 1879 |
| Original from | the University of California |
| Digitized | 30 Oct 2007 |
| Length | 460 pages |
| Export Citation | BiBTeX EndNote RefMan |