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absence accused action allowed appear application approved Army arrest Article authority called challenge Chapter character charge civil commander committed complete confinement considered constitute continuance convening conviction course court court-martial criminal Department Dept detailed DIGEST direct discharge duty effect evidence exception execution exercise existing expressed fact finding follows further given ground guilty Hart held imposed indicated inquiry instance issue judge advocate jurisdiction justice limitation material matter ment military nature noticed objection offence officer opinion Opins original otherwise pardon particular party period person plea practice present President prisoner proceedings proper properly prosecution proved provision punishment question rank reason record referred regard regiment regulations remarked reviewing rule sentence separate Simmons soldier specific statement statute taken term testimony tion trial tried United witness
Página 468 - That this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice...
Página 346 - ... neither will you 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.
Página 605 - ... the proof iS evident, or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
Página 195 - Courts will generally take notice of whatever ought to be generally known within the limits of their jurisdiction.
Página 165 - No person put in arrest shall be continued in confinement more than eight days, or until such time as a court-martial can be assembled. When any person is put in arrest for the purpose of trial, except at remote military posts or stations, the officer by whose order he is arrested shall see that a copy of the charges on which he is to be tried...
Página 380 - No person shall be liable to be tried and punished by a general court-martial for any offense which shall appear to have been committed more than two years before the issuing of the order for such trial, unless the person, by reason of having absented himself, or some other manifest impediment, shall not have been amenable to justice within that period.
Página 810 - After which the president of the court shall administer to the recorder the following oath: " You, AB, do swear that you will, according to your best abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God.
Página 346 - States, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases...
Página 380 - No person shall be tried or punished by a court-martial for desertion in time of peace and not in the face of an enemy, committed more than two years before the arraignment of such person for such offense, unless he shall meanwhile have absented himself from the United States, in which case the time of his absence shall be excluded in computing the period of the limitation: Provided, That said limitation shall not begin until the end of the term for which said person was mustered into the service.