The practice of courts-martial, also the legal exposition and military explanation of the Mutiny act, and articles of warUnspecified, 1825 |
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Page 26
... evidence brought forward before the court of inquiry , since such opinion might preju- dice the accused should a ct . - mar . be assembled . The witnesses should be cautioned in giving their evidence ( 91 ) , and to speak to facts only ...
... evidence brought forward before the court of inquiry , since such opinion might preju- dice the accused should a ct . - mar . be assembled . The witnesses should be cautioned in giving their evidence ( 91 ) , and to speak to facts only ...
Page 27
... evidence , for though the evidence given on a court of inquiry may be true , it may not be the whole truth ; therefore to supply this defect , it becomes necessary to hear the evidence of all persons capable of affording any information ...
... evidence , for though the evidence given on a court of inquiry may be true , it may not be the whole truth ; therefore to supply this defect , it becomes necessary to hear the evidence of all persons capable of affording any information ...
Page 165
... Evidence . ] See art . 2 of this sec . 4. Punishment . ] At the discretion of a gen or re gtl ct . - mar .- ( See Punishments , at the end of Chap . XXIV . See also Warrant , at sec . xiv , art . 14 , if by a gen . regtl ct . - mar . in ...
... Evidence . ] See art . 2 of this sec . 4. Punishment . ] At the discretion of a gen or re gtl ct . - mar .- ( See Punishments , at the end of Chap . XXIV . See also Warrant , at sec . xiv , art . 14 , if by a gen . regtl ct . - mar . in ...
Page 243
... evidence , or reject evidence which ought to be admitted , by which means the result of the trial has been different from what it otherwise would have been , the ct . will in general grant a new trial ( 26 ) . But the ct . have refused ...
... evidence , or reject evidence which ought to be admitted , by which means the result of the trial has been different from what it otherwise would have been , the ct . will in general grant a new trial ( 26 ) . But the ct . have refused ...
Page 244
... evidence to support the verdict , independently of the evidence so admitted " ( 27 ) . gene- " If the jury find a verdict contrary to evidence , the ct . will in ral grant a new trial , particularly if the justice of the case require it ...
... evidence to support the verdict , independently of the evidence so admitted " ( 27 ) . gene- " If the jury find a verdict contrary to evidence , the ct . will in ral grant a new trial , particularly if the justice of the case require it ...
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The Practice of Courts-Martial, Also the Legal Exposition and Military ... William Hough No preview available - 2020 |
Common terms and phrases
accused acquitted Adj.gen aforesaid appear Approved and confirmed army arraigned arrest Articles of War authority awarded benefit of clergy Blackstone Bombay breach burglary Capt cashiered Chap chief circumstances command committed conduct confined convicted corporal punishment corps court Court-martial crime criminal ct.-mar death declared deft desertion direct discharged discipline duty East's P. C. enemy evidence false felony FINDING-Guilty following charges forces garrison genl govt guilty H. M.'s service Howell's State Trials imprisonment India indictment inflicted intention Jemadar Judge Adv jury justice Lieut Lieut.col Lieut.gen Madras malice manslaughter mily murder mutiny non-com non-commissd oath offence officer comg officer or soldier officers and soldiers opinion party penalty perjury person president prisoner proceedings prosecution prove punishment rank regns regt regtl sentence SENTENCE-To sepoy Serjt Signed statute tence testator thereof tion trial undermentioned charges witness words
Popular passages
Page 28 - You, as foreman of this grand jury, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge ; the counsel of the people of this state, your fellows...
Page 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...
Page 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.
Page 285 - 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...
Page 317 - 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.
Page 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...
Page 568 - ... void ; and such person shall be admitted as a witness to the execution of such will or codicil...
Page 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.
Page 479 - ... 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...
Page 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.