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absence accused action adjudged allowances applies approval Army arrest Article authority called challenge charge civil commander commanding officer commission committed completed conduct confinement considered consist constitute convened conviction course court court-martial crime criminal death defence Department direct discharge discipline dismissal duly duty effect enemy enlisted established evidence execution exercise existing expressed fact finding follows force forfeiture further guilty held imposed indicated inferior intent judge advocate jurisdiction labor latter leave limits martial material means ment military necessary objection offence officer or soldier opinion original otherwise party period person practice present President prisoner proceedings proper properly proved punishment question rank reason record referred regiment regulations reviewing rule sentence specific statement statute superior taken taking term testimony tion trial tried United violation vote witness writing written
Página 350 - 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.
Página 232 - Any officer or soldier who, being present at any mutiny or sedition, does not use his utmost endeavor to suppress the same, or having knowledge of any intended mutiny or sedition, does not, without delay, give information thereof to his commanding officer, shall suffer death, or such other punishment as a court-martial may direct.
Página 362 - States, which is punishable by the laws of the land, the commanding officer, and the officers of the regiment, troop, battery, company, or detachment, to which the person so accused belongs, are required, except in time of war, upon application duly made by or in behalf of the party injured...
Página 374 - You, AB, do swear (or affirm) that you will well and truly examine and inquire, according to the evidence, into the matter now before you without partiality, favor, affection, prejudice, or hope of reward. So help you God.
Página 368 - America and the prisoner to be tried, and that you will duly admisister 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, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases...
Página 364 - And if any person, being guilty of any of the offenses aforesaid, while in the military service of the United States, receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial, in the same manner and to the same extent as if he had not received such discharge nor been dismissed.
Página 355 - No officer or soldier shall send a challenge to another officer or soldier to fight a duel, or accept a challenge so sent.
Página 369 - ... 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.
Página 124 - A third rule which governs in the production of evidence is that the obligation of proving any fact lies upon the party who substantially asserts the affirmative of the issue.
Página 370 - No person in the military service shall, under the sentence of a courtmartial, be punished by confinement in a penitentiary, unless the offense of which he may be convicted would, by some statute of the United States, or by some statute of the State, Territory, or District in which such offense may be committed, or by the common law, as the same exists in such State, Territory, or District, subject such convict to such punishment.