Remarks on the Constitution and Practice of Courts Martial: With a Summary of the Law of Evidence, as Connected with Such Courts; Also Some Notice of the Criminal Law of England, with Reference to the Hundred and Second Article of WarF. Pinkney, 1843 - 648 pages |
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Page 48
... charges not to be modi- inferior courts . Previous to the direct injunction to the con- fied and tried by trary in the articles of war , it was customary to modify the charge , so as to avoid the express offence declared cognizable by a ...
... charges not to be modi- inferior courts . Previous to the direct injunction to the con- fied and tried by trary in the articles of war , it was customary to modify the charge , so as to avoid the express offence declared cognizable by a ...
Page 60
... charge in issue . The new form of mutiny act removes the doubt which previously existed as to the competency of this court martial to entertain a charge against an officer , as it declares it " lawful for any officer commanding , & c ...
... charge in issue . The new form of mutiny act removes the doubt which previously existed as to the competency of this court martial to entertain a charge against an officer , as it declares it " lawful for any officer commanding , & c ...
Page 65
... charge . The president , though acting in the place of judge advocate , as to administering oaths , advising the court when necessary , transmitting proceedings , and summoning witnesses , when required thereto by the prosecutor or ...
... charge . The president , though acting in the place of judge advocate , as to administering oaths , advising the court when necessary , transmitting proceedings , and summoning witnesses , when required thereto by the prosecutor or ...
Page 76
... charge against his pay objected to by the soldier . It would not be competent to a regimental court martial , thus convened , to enter upon an enquiry as to a charge of tyranny and oppression , or ill- treatment , brought forward ...
... charge against his pay objected to by the soldier . It would not be competent to a regimental court martial , thus convened , to enter upon an enquiry as to a charge of tyranny and oppression , or ill- treatment , brought forward ...
Page 97
... charged to enquire into his to answer conduct , yet he may object to take any part in take part in the proceedings ... charge , his majesty was pleased to remark , that although the opinion of the court might be acquiesced in , yet it ...
... charged to enquire into his to answer conduct , yet he may object to take any part in take part in the proceedings ... charge , his majesty was pleased to remark , that although the opinion of the court might be acquiesced in , yet it ...
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Common terms and phrases
accused acquitted admitted appear apply arise army arraigned arrest articles of war attend authority award british capital punishment captain cashiering character charge circumstances civil judicature clause colonel commander in chief commanding officer commission committed common law competent confinement convened conviction corporal punishment court of enquiry crime criminal custom death declared defence desertion discipline duty evidence examination exceeding facts felony forces forfeiture guard guilty imprisonment indictment intention jurisdiction justice liable lieutenant lieutenant colonel majesty majesty's martial law ment military law mutiny act necessary non-commissioned officer oath observed offence officer commanding officer or soldier opinion party penalty perjury person president prisoner proceedings proof prosecution prosecutor proved provost marshal question rank reference regimental court martial remarks render secretary at war sentence ship statute superior officer sworn tion transportation trial tried Tytler United Kingdom warrant witnesses
Popular passages
Page 564 - ... every such offender shall be guilty of felony ; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, *or for any term not less than seven years, or to be imprisoned for any term not exceeding four years : and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment...
Page 568 - ... any person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable such person, or to do some other grievous bodily harm to such person...
Page 517 - Statutes made or to be made, he may be indicted and convicted either as an Accessory after the Fact to the principal Felony together with the principal Felon, or after the Conviction of the principal Felon, or may be indicted and convicted of a substantive Felony whether the principal Felon shall or shall not have been previously convicted or shall or shall not be amenable to Justice...
Page 532 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer...
Page 563 - So, where a person does an act lawful in itself, but in an unlawful manner, and without due caution and circumspection, as when a workman flings down a stone or piece of timber into the street and kills a man, this may be either misadventure, manslaughter, or murder, according to the circumstances under which the original act was done : if it were in a country village where few passengers are, and he calls out to all people to have a care, it is misadventure only ; but if it were in London, or other...
Page 206 - ... 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.
Page 569 - ... every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years...
Page 564 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 196 - For laws without a competent authority to secure their administration from disobedience and contempt, would be vain and nugatory. A power, therefore, in the supreme courts of justice to suppress such contempts, by an immediate attachment of the offender, results from the first principles of judicial establishments, and must be an inseperable attendant upon every superior tribunal.
Page 517 - ... convicted either as an accessory before the fact to the principal felony, together with the principal felon, or after...