A Treatise on Military Law and the Practice of Courts-martialD. Van Nostrand, 1862 - 377 pages |
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according accused acquitted admissible admitted Amicus Curiæ answer appear appointed army arraigned arrest article of war attorney-general autrefois acquit brevet Captain cashiered cause challenge character charges and specifications circumstances civil commanding officer commissioned officer committed competent conduct confession confinement constitution convened conviction court of inquiry crime criminal cross-examination decision declarations defence dence Department discretion duty dying declarations enlisted execution facts garrison give evidence guilty incompetent indictment inflicted judge advocate judgment jurisdiction jury justice martial martial law matter ment military law mitigate mutiny necessary non-commissioned officer oath object offence officer commanding officer or soldier officers and soldiers opinion pardon particular party person Phillipps plea pleaded President prisoner proceedings proof proper prosecution prosecutor proved punishment question record rules and articles secretary of war sentence summon sworn tence testimony thereof tion trial tried troop United voir dire vote War Department witness
Popular passages
Page 338 - 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 351 - ... 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 356 - After which the president of the court shall administer to the recorder the following oath: " You, AB, do swear that you will, according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God.
Page 338 - Any officer or soldier who shall strike his superior officer, or draw or lift up any weapon, or offer any violence against him, being in the execution of his office, on any pretence whatsoever, or shall disobey any lawful command of his superior officer...
Page 100 - V provides that no person shall " be subject for the same offence to be twice put in jeopardy of life or limb...
Page 343 - Every officer commanding in quarters, garrison, or on the march, shall keep good order, and, to the utmost of his power, redress all abuses or disorders which may be committed by any officer or soldier under his command...
Page 102 - America and the prisoner to be tried, and that you will duly administer justice, without partiality, favor or affection, according to the provisions of the rules and articles for the government of the armies of the United States...
Page 153 - ... in time of peace or war, respect a general officer, be carried into execution, until after the whole proceedings shall have been transmitted to the Secretary of War, to be laid before the President of the United States for his confirmation or disapproval, and orders in the case.
Page 360 - ... for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the Treasury, as required in civil cases, under the provisions of the ac.t entitled " An act to provide more effectually for the settlement of accounts between the United States and receivers of public money...
Page 352 - Art. 71. Refusal to receive and keep prisoners. No provost marshal or commander of a guard shall refuse to receive or keep any prisoner committed to his charge by an officer belonging to the forces of the United States, provided the officer committing shall, at the time, deliver an account in writing signed by himself, of the crime or offense charged against the prisoner.