A Treatise on the Law and Practice of Naval Courts-martialJohn Murray, 1851 - 319 pages |
From inside the book
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Page xiv
... 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 Punishments awarded must be in ...
... 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 Punishments awarded must be in ...
Page 4
... guilty of any other crime or offence , you are to use due severity in the present punishment and reformation thereof with- out delay , according to the known orders and customs of the seas ; and this strict course you are to cause to be ...
... guilty of any other crime or offence , you are to use due severity in the present punishment and reformation thereof with- out delay , according to the known orders and customs of the seas ; and this strict course you are to cause to be ...
Page 15
... guilt ; or was so interested in the issue as might bias his judgment in the opinion he would be called upon to give . If any member had sat at a court of inquiry on the matter about to be tried by court - martial , he might with ...
... guilt ; or was so interested in the issue as might bias his judgment in the opinion he would be called upon to give . If any member had sat at a court of inquiry on the matter about to be tried by court - martial , he might with ...
Page 17
... guilt of the accused , it would be better that he should not sit in the capacity of judge after giving his evidence , provided a sufficient number of members remained to constitute a Court : if it were otherwise , and the Court could ...
... guilt of the accused , it would be better that he should not sit in the capacity of judge after giving his evidence , provided a sufficient number of members remained to constitute a Court : if it were otherwise , and the Court could ...
Page 37
... guilt of the party accused . If a person were charged with writing a letter to his superior officer , containing expressions of dis- respect , and only a copy of the letter were sub- mitted to substantiate the fact , it would not be ...
... guilt of the party accused . If a person were charged with writing a letter to his superior officer , containing expressions of dis- respect , and only a copy of the letter were sub- mitted to substantiate the fact , it would not be ...
Other editions - View all
Common terms and phrases
accessory accused acquitted Act 22 Geo Act of Parliament actual service Admiralty article of war attend authority belonging Boatswain Captain charge not proved charge proved command commander-in-chief commission committed common law conduct Court court-martial crime defence desert directed Dismissed his ship Dismissed the service disobedience of orders Drunkenness duty examination execution Fcap felony flag-officer fleet or squadron full pay guilty HAND-BOOK imprisoned indictment jesty's Judge Judge-Advocate jurisdiction jury justice Lieutenant Lord High Admiral Lords Commissioners Lordships Majesty's ship manslaughter Marine martial master murder mutinous naval courts-martial oath offence opinion party person Post 8vo Post Captain present president prisoner proceedings prosecution prosecutor Proved Fully proved Proved Proved Proved racter rank receive 100 lashes render Royal Navy Seaman Second charge Second Edition senior officer sentence service and full severely reprimanded sit as members suffer death superior officer sworn tion trial tried vols witness Woodcuts
Popular passages
Page 128 - ... 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 128 - ... 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 127 - 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 126 - 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 130 - ... 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 53 - ... on the trial of any issue joined, or of any matter or question or on any inquiry arising in any suit, action or...
Page 128 - ... 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 41 - Hilary term, applied at such sittings to put off the trial, on the ground of the absence of a material witness...
Page 151 - 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.
Page 289 - An Act for amending, explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty's Ships, vessels and forces by Sea...