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 xvi
... common law courts of the country , and to the more prominent features of the criminal law of England , which , by the operation of the hundred and second Article of War , Courts Martial have frequently to dispense in places beyond the ...
... common law courts of the country , and to the more prominent features of the criminal law of England , which , by the operation of the hundred and second Article of War , Courts Martial have frequently to dispense in places beyond the ...
Page xvii
... common observation , and possessing a certain experi- ence in the army , a perfect treatise on Military Law might be produced ; but as to the separate efforts of the lawyer and the soldier , it is to be apprehended that the legal faults ...
... common observation , and possessing a certain experi- ence in the army , a perfect treatise on Military Law might be produced ; but as to the separate efforts of the lawyer and the soldier , it is to be apprehended that the legal faults ...
Page 15
... common pleas , trinity term , 1792 , for a prohibition to prevent the execution of the sentence . In remarking on the refusal of a prohibition in this case , it should be noticed , that a parallel clause to that in the thirtieth section ...
... common pleas , trinity term , 1792 , for a prohibition to prevent the execution of the sentence . In remarking on the refusal of a prohibition in this case , it should be noticed , that a parallel clause to that in the thirtieth section ...
Page 19
... common pleas , or exchequer in England or Ireland , and thereupon such judge shall make an order for the transportation of such offender , in conformity with such notification , " - now , it is believed , that the notification in ...
... common pleas , or exchequer in England or Ireland , and thereupon such judge shall make an order for the transportation of such offender , in conformity with such notification , " - now , it is believed , that the notification in ...
Page 26
... common and statute law , and over the persons of all within the sphere of the operations of the army , of which the members of the court form part . It is particularly to be observed , that though courts martial exercising jurisdiction ...
... common and statute law , and over the persons of all within the sphere of the operations of the army , of which the members of the court form part . It is particularly to be observed , that though courts martial exercising jurisdiction ...
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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...