Memorandum Opinions of the Judge Advocate General of the Army: When Acting Upon Applications for Relief Under Article of War, 53, 1949-1950
United States. Army. Judge Advocate General's Department, United States. Army. Office of the Judge Advocate General
Department of the Army, Office of the Judge Advocate General, 1951 - Courts-martial and courts of inquiry - 699 pages
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accused accused's action affidavit alleged appear applicant appointed approved Army Article of War asked asserted assistant August authority Captain cause Charge Commanding considered contends convicted counsel court court-martial Criminal dated defense defense counsel denied Department direct dishonorable discharge duty effect error established evidence examination Exchange executed fact findings findings of guilty further German given granting guilty hard labor held hospital indicate Italy Judge Advocate July June later leave legally Lieutenant Major Manual for Courts-Martial March matter military November offense officer OPINION person petition petitioner Post present prior Private prosecution question reason received record of trial relief under Article requested respect result returned reviewing authority sentence Sergeant shows soldiers Specification statement SUBJECT substantial sufficient Supp taken testified testimony tion told tried truck United violation of Article witness
Page 282 - A third case in which a sovereign is understood to cede a portion of his territorial jurisdiction is, where he allows the troops of a foreign prince to pass through his dominions. In such case, without any express declaration waiving jurisdiction over the army to which this right of passage has been granted, the sovereign who should attempt to exercise it would certainly be considered as violating his faith.
Page 40 - Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted...
Page 75 - An attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted.
Page 283 - ... diverted from those national objects and duties to which it was applicable, and would be withdrawn from the control of the sovereign whose power and whose safety might greatly depend on retaining the exclusive command and disposition of this force. The grant of a free passage, therefore, implies a waiver of all jurisdiction over the troops, during their passage, and permits the foreign general to use that discipline, and to inflict those punishments which the government of his army may require.
Page 131 - To be dishonorably discharged the service, to forfeit all pay and allowances due or to become due, and to be confined at hard labor, at such place as the reviewing authority may direct, for — days (or months or yerrs).
Page 200 - to be dismissed the service, to forfeit all pay and allowances due or to become due, and to be confined at hard labor at such place as the reviewing authority may direct, for 5 years.
Page 283 - It is needless to enumerate here the instances in which, by the general practice of civilized countries, the laws of the one will, by the comity of nations, be recognized and executed in another, where the rights of individuals are concerned.
Page iii - General is authorized upon application of an accused person, and upon good cause shown, in his discretion to grant a new trial, or to vacate a sentence, restore rights, privileges, and property affected by such sentence, and substitute for...