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 xiii
... nature and responsibility of the judicial character which , in the course of their service , they are constantly called on to assume ; and the obligation is rendered still more imperative by the express orders of the army , which ...
... nature and responsibility of the judicial character which , in the course of their service , they are constantly called on to assume ; and the obligation is rendered still more imperative by the express orders of the army , which ...
Page xiv
... nature and extent of the power imparted to them by the legislature , his principal object will be attained . Whatever may be thought of the manner in which he has executed his design , it will be admitted that the design itself is by no ...
... nature and extent of the power imparted to them by the legislature , his principal object will be attained . Whatever may be thought of the manner in which he has executed his design , it will be admitted that the design itself is by no ...
Page 33
... nature essentially military . At this day , in all the kingdoms of Europe which derive their laws from the norman , except in England , soldiers are accountable to military tribunals only . Lord Loughborough observed in the case of ...
... nature essentially military . At this day , in all the kingdoms of Europe which derive their laws from the norman , except in England , soldiers are accountable to military tribunals only . Lord Loughborough observed in the case of ...
Page 34
... nature , and by parity of reasoning every civil crime , cannot in those islands be tried by courts martial : but an exception of this kind cannot have the effect of a positive enactment . The fifty - fourth clause of the mutiny act ...
... nature , and by parity of reasoning every civil crime , cannot in those islands be tried by courts martial : but an exception of this kind cannot have the effect of a positive enactment . The fifty - fourth clause of the mutiny act ...
Page 35
... and banished the island ; and yet the offences visited by such severity of punishment have not , in their nature , invariably been such as to induce the commanding M. Dupin , who has written with much accu- racy COURTS MARTIAL . 35.
... and banished the island ; and yet the offences visited by such severity of punishment have not , in their nature , invariably been such as to induce the commanding M. Dupin , who has written with much accu- racy COURTS MARTIAL . 35.
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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...