The practice of courts-martial, also the legal exposition and military explanation of the Mutiny act, and articles of war

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Unspecified, 1825
 

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Inhalt

Regulations as to the free postage of soldiers letters XIX Commencement of the act 1 The mode of proceeding in the first instance when a complaint i...
22
The complaint requiring further investigation
23
Court of inquiry directed to be assembled 4 The number and rank of officers to compose a court of inquiry
24
Preliminary measures previous to the assembly of a court of inquiry by the J A or D J A G 6 An interpreter to attend the court if required Eing The a...
25
The president members and witnesses are not sworn
26
Witnesses on both sides are examined separately 11 The examination of evidence 12 The accused may make a statement of his case or not at his opti...
27
Proceedings read over to the court 14 Finding or opinion as to the report of be made to the Com manderinchief
28
Prevarication of witnesses to be noticed
29
There must be a certainty as to the facts circumstances and intent constituting the offence
30
Two or more offences should not be charged in the same count
31
the indictment 32 The words of the indictment must be positive
32
The facts in the indictment must not be repugnant
33
Additional accounts how added to charges
34
Conclusion of the indictment or charges
35
Joinder of two or more persons in one indictment
36
Joinder of several offences in one indictment
37
Limitation of time within which a charge can be preferred
38
Form of charges preferred against an officer
39
Form of charges preferred against noncommissioned officers and soldiers
40
Rank of the president of a general courtmartial
41
The number and rank of the members of a general courtmartial
42
Native general courtsmartial
43
General regimental courtsmartial
44
Detachment courtsmartial
45
Regimental c courtsmartial
46
Station or line buzar courtsmartial for the recovery of small debts
47
Duties of the JudgeAdvocate before the assembly of a general courtmartial
48
Duties of an interpreter before the assembly of a general court martial
49
Assembly of the general courtmartial
50
Postponement of the assembly of the general courtmartial
51
Form of summonses to witnesses for the prosecution or defence
52
The mode of obtaining the attendance of witnesses in civil capacity
54
Explanation of the Mutiny Act of the duty of Troops on board the H E I Companys Ships and mode of proceeding when a Complaint is made Assem...
55
Divine Worship c P 55 to
60
Mutiny c P 60 to
111
Redressing Wrongs P 228 to
252
Embezling Selling Spoiling c Stores Arms c
278
Duties in Quarters in Garrison or in the field
279
to
365
Rank Brevets P 365 to
367
Administration of Justice P 367 to
550
Accounts of Soldiers P 550 to
552
Effects and Credits of deceased Officers and Soldiers
553
and of Deserters P 553 to
587
Artillery and Engineers P 587 to
598
Troops Raised or Serving in Independent Settlements P 598 to
605
His Majestys Troops in the EastIndies P 605 to
606
Troops on Board ships of War P 607 to
625
Relating to the foregoing Articles including Capital Crimes P 625 to
875
General Rules of Evidence c P 875 to
927
Recommendation of the Court p
936
Execution of the Sentence p
937
Appellants Address to the Court p
938
Witnesses examined by the Court p
939
Members of the Regimental CourtMartial may be examined p
940
General CourtMartial p
941
Court duly assembled and Prisoner brought into Court p
942
Swear the President p
943
Court closed to consider of Prisoners Challenges p
944
Charges read to the Prisoner p
945
Plea of Autrefois Acquit p
946
Mode of Procedure where there are several Articles of Charge p
947
Ist Witness for Prosecution sworn and examined in Chief by Judge Adv gen and Prosecutor p
948
Ist Witness for Prosecution examined by Court p
949
2d Witness for Prosecution crossexamined by Prisoner p
950
Proof of Handwriting p
951
Prisoner put upon his Defence p
952
Ist Witness for the Defence examined in Chief by the Prisoner p
954
Martial and before a General CourtMartial 927 to
960
Q2 64
969

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Seite 812 - He then relates two very extraordinary cases of malicious prosecution for this crime, that had happened within his own observation ; and concludes thus : " I mention these instances, that we may be the more " cautious upon trials of offences of this nature, wherein the " court and jury may with so much ease be imposed upon, " without great care and vigilance ; the heinousness of the " offence many times transporting the judge and jury with so " much indignation, that they are overhastily carried...
Seite 769 - ... deliberate act upon the same footing with regard to guilt. So, also, if a man be greatly provoked, as by pulling his nose, or other great indignity, and immediately kills the aggressor, though this is not excusable se defendendo, since there is no absolute necessity for doing it to preserve himself, yet neither is it murder, for there is no previous malice, but it is manslaughter.
Seite 287 - Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of...
Seite 319 - Any person belonging to the armies of the United States who makes known the watchword to any person not entitled to receive it, according to the rules and discipline of war, or presumes to give a parole or watchword different from that which he received, shall suffer death, or snch other punishment as a court-martial may direct.
Seite 774 - ... we may take it for a general rule that all homicide is malicious, and of course amounts to murder, unless where justified by the command or permission of the law ; excused on the account of accident or self-preservation ; or alleviated into manslaughter, by being either the involuntary consequence of some act, not strictly lawful, or, if voluntary, occasioned by some sudden and sufficiently violent provocation (53). And all these circumstances of justification, excuse, or alleviation, it is incumbent...
Seite 568 - ... void ; and such person shall be admitted as a witness to the execution of such will or codicil...
Seite 726 - There must in general be an actual breaking ; not a mere legal clausum fregit, (by leaping over invisible ideal boundaries, which may constitute a civil trespass,) but a substantial and forcible irruption. As at least by breaking, or taking out the glass of, or otherwise opening, a window : picking a lock, or opening it with a key ; nay, by lifting up the latch of a door, or unloosing any other fastening which the owner has provided.
Seite 481 - ... peace officer in the execution of his duty, or upon any person acting in aid of such officer, of any neglect or breach of duty as a peace officer, of any assault committed in pursuance of any conspiracy to raise the rate of wages...
Seite 800 - Perjuries is or are assigned, without setting forth the Bill, Answer, Information, Indictment, Declaration, or any Part of any Record or Proceeding either in Law or Equity other than as aforesaid, and without setting forth the Commission or Authority of the Court, or Person or Persons before whom the Perjury was committed ; any Law, Usage, or Custom to the contrary notwithstanding.

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