The Judge Advocate's Vade Mecum: Embracing a General View of Military Law, and the Practice Before Courts Martial, with an Epitome of the Law of Evidence, as Applicable to Military Trials
West and Johnston, 1863 - 251 σελίδες
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according accused admitted allowed appear apply appointed army arrest Article Article of war authority called Captain cause challenge character charge circumstances civil commanding officer commissioned officer committed conduct Confederate confined connection considered conviction copy course court martial crime criminal custom death decision defence determine direct discretion doubt duty evidence examination exercise exists facts findings give given ground guilty Hart important inflicted inquiry Judge Advocate judgment jurisdiction justice limited manner matter means ment military nature necessary oath object observed offence officer or soldier opinion particular party person plea present President prisoner proceedings proof proper prosecution prosecutor proved punishment question rank reasonable received record referred regarded regimental respect rule says sentence specification sufficient taken testimony tion trial tried unless usual vote whole witness wrongs
Σελίδα 226 - 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.
Σελίδα 225 - Any non-commissioned officer or soldier who shall use any profane oath or execration, shall incur the penalties expressed in the foregoing article ; and a commissioned officer shall forfeit and pay, for each and every such offence, one dollar, to be applied as in the preceding article.
Σελίδα 127 - The general shall examine into said complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, transmit to the Department of War a true statement of such complaint, with the proceedings had thereon.
Σελίδα 234 - ... the loss of life, or the dismission of a commissioned officer, or which shall, either 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. All other sentences may be confirmed and executed by the officer ordering the court to assemble, or the commanding officer for the...
Σελίδα 235 - 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...
Σελίδα 229 - All officers, of what condition soever, have power to part and quell all quarrels, frays, and disorders, though the persons concerned should belong to another regiment, troop, or company...
Σελίδα 236 - Every officer to whose charge .a prisoner is committed shall, within twenty-four hours after such commitment, or as soon as he is relieved from his guard...
Σελίδα 235 - You, AB, do swear, that you will not disclose or discover the vote or opinion of any particular member of the courtmartial, unless required to give evidence thereof, as a witness, by a court of justice, in due course of law; nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same. So help you God.
Σελίδα 237 - ... requisite number of officers, and shall order the party accused, with necessary witnesses to be transported to the place where the said court shall be assembled. ART.
Σελίδα 226 - Any officer or soldier who shall begin, excite, cause, or join in any mutiny or sedition, in any troop or company in the service of the Confederate States, or in any party, post, detachment, or guard, shall suffer death, or such other punishment as by a court martial shall be inflicted.