A Treatise on the Law and Practice of Naval Courts-martialJ. Murray, 1851 - 319 pages |
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Page x
... Party not to be permitted to discredit his own Witness by general Evidence . Credit of a Witness may be impeached by the opposite Party . Evidence of Seamen should not be rejected on slight Grounds.Opinion of the Law Officers as to the ...
... Party not to be permitted to discredit his own Witness by general Evidence . Credit of a Witness may be impeached by the opposite Party . Evidence of Seamen should not be rejected on slight Grounds.Opinion of the Law Officers as to the ...
Page xiv
... Party accused has been found guilty . - Court to be confined to the Investigation of the Subject Matter of the Charge , and to that only . - Court- Martial has no Power to dispose of the Bodies of Criminals after Execution . - The ...
... Party accused has been found guilty . - Court to be confined to the Investigation of the Subject Matter of the Charge , and to that only . - Court- Martial has no Power to dispose of the Bodies of Criminals after Execution . - The ...
Page xv
... Party complained of . Appoint- ment and Duties of Provost - Marshal - - · - 162 CHAPTER XX . OBSERVATIONS ON THE FRAMING OF THE CHARGES - 168 - CHAPTER XXI . FORM OF CHARGES . Form of Charges . Remarks on the Crime of Desertion ...
... Party complained of . Appoint- ment and Duties of Provost - Marshal - - · - 162 CHAPTER XX . OBSERVATIONS ON THE FRAMING OF THE CHARGES - 168 - CHAPTER XXI . FORM OF CHARGES . Form of Charges . Remarks on the Crime of Desertion ...
Page xvii
... Party dies on board the Ship , the Body ought not to be subjected to a Coroner's Inquest 266 267 - No. XVII . — Case of Lieutenant Frye of the Marines , and the Consequences resulting from illegal Pro- ceedings at a Court - Martial 268 ...
... Party dies on board the Ship , the Body ought not to be subjected to a Coroner's Inquest 266 267 - No. XVII . — Case of Lieutenant Frye of the Marines , and the Consequences resulting from illegal Pro- ceedings at a Court - Martial 268 ...
Page 16
... party was under twenty - one years of age , and therefore , in con- sideration of law , an infant . We find , that by the wisdom of the common law , an infant cannot be a juror ; and we therefore think it may be presumed , that the ...
... party was under twenty - one years of age , and therefore , in con- sideration of law , an infant . We find , that by the wisdom of the common law , an infant cannot be a juror ; and we therefore think it may be presumed , that the ...
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Common terms and phrases
accessory accused acquitted Act 22 Geo Act of Parliament actual service adjudge Admiralty article of war assemble belonging Boatswain breach capital punishment Captain charge not proved circumstances command commander-in-chief committed conduct convicted Court court-martial crime day of 18 defence desert direct Dismissed his ship Dismissed the service disobedience of orders Drunkenness duty endeavour execution Fcap felony fleet or squadron full pay guilty HAND-BOOK imprisoned indictment jesty's ship day Judge Judge-Advocate jurisdiction jury killed Lieutenant Lord High Admiral Lords Commissioners Majesty Majesty's ship manslaughter Marine martial master ment murder mutiny nature and degree naval courts-martial nishment oath offence opinion party person Post 8vo post-captains president prisoner proceedings prosecution prosecutor Proved Fully proved Proved Proved Proved question racter receive 100 lashes Royal Navy Seaman Second Edition sentence of death service and full severely reprimanded suffer death superior officer sworn tion trial vessels vols witness Woodcuts
Popular passages
Page 132 - ... at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it that he did not know he was doing what was wrong.
Page 132 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 131 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 130 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons : as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?
Page 134 - ... the English judges replied, "We think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But...
Page 57 - ... on the trial of any issue joined, or of any matter or question or on any inquiry arising in any suit, action or...
Page 132 - ... occasions, has generally been, whether the accused, at the time of doing the act, knew the difference between right and wrong, which mode, though rarely, if ever, leading to any mistake with the jury, is not, as we conceive, so accurate when put generally, and in the abstract, as when put to the party's knowledge of right and wrong, in respect to the very act with which he is charged.
Page 45 - Hilary term, applied at such sittings to put off the trial, on the ground of the absence of a material witness...
Page 155 - But no power on earth, except the authority of parliament, can send any subject of England out of the land against his will; no, not even a criminal.