INDEX (References are to pages; "A.W." indicates Articles of War) The phrases in this index are not intended to state completely the propositions A Page Abandonment, crime, after commenced. Abnormality, insanity, more required.. Absence duty deviation from orders, not. Disappointment does not justify. Fear Hazardous duty, absence to avoid mop-up is desertion.. Lengthy, indicates desertion.. Morning report evidence Terminated by return to military control.. Termination, stipulation .... Absence, witness, continuance, none requested waived. 330 202, 220 504, 505 146 312 107 144 193 146 193 241 Absent witness, must be effort to secure or request for continuance... 88, 172, 212, 227 Acts or statements of conspirator, admissible against each..... Evidence of previous similar activities as course of conduct, no prejudice.. Failure to try or punish, not defense for accused.. Principal, guilty as ....... Sentence, less severe, not cause for relief. Testimony, convicted, competent Testimony, though an informer. Testimony, uncorroborated, to support conviction Trial of, no concern of accused Witness, proper Accountability, signing not a prerequisite Accused: 25, 69 374, 375 467 593, 646 601 601 25 601 262 647 316 Admissions, properly elicited on cross-examination as to conviction of moral As witness against co-accused, not without his consent. Good character, not shown by partisans without tests of credibility. Stipulations, not error to omit accused's personal agreement. 535 Surprise, none, because witness at pre-trial investigation not cross-examined. Adequate penalty, what constitutes, for legislative judgment. 506 President's courts-martial approval judicial, not administrative.. Page 578 278 294 275 66 467 Accused's properly elicited on cross-examination as to conviction of moral 6 Another's adopted by accused become his own, not hearsay. 332, 333 244 Self-defense not available... Not prejudicial when facts adequately proved otherwise.. Agent: Act of Secretary of Army is President's.... Acts or statements of, admissible against principal. Agents, unauthorized acts, government not bound.. Aggravating offense by repeating order Aggressor: "Disposed to attack or encroach".. Aiding and abetting: 412 273 412 491 303 189, 247 66 25, 69 224 275 615 149, 428, 429 Court-martial has jurisdiction over violations of Supreme Commander Allied 416 Announcement, sentence, discretionary. 208 Appeal: Non-military jurisprudence, truth of testimony not in issue upon.. Decides availability of defense counsel of accused's own choosing.. 395, 396, 406, 434 Defense counsel need not be under command of...... Defense counsel of courts-martial determined by. Law-member, discretion to appoint.. Law member not lawyer, discretionary Locale of trial, discretion in.... Order convening court need not be signed personally by Prior activities, no disqualification unless opinion formed. 493 477 231 244, 246, 278 88, 183 391 477 22, 66 Appointment, general courts-martial, written order of convening authority, valid.. 494 Presidential, judicial, not administrative.... Sentence, findings approved Army officer, as defense counsel, adequate, not lawyer.. Army Regulations, force of law Arrest suspicion, by military police Arrest of sentence, repeal of criminal statute after final judgment, not. Article of War 2: Employee in foreign place subject to military law. Inductee subject to military law... Jurisdiction if in military service. 66 303 419 275, 420, 652 460 390 67 219 163, 244, 282 Page Articles of War-continued Termination of employment in foreign place not end of jurisdiction..... Judge Advocate General Department officer as law member, discretionary. 67 138 Law member, lawyer, not Judge Advocate General Department, not error.... 138 Law member, not lawyer Law member of general court-martial, not member Judge Advocate Prosecution by former defense counsel, prejudicial unless nominal counsel. General court-martial-persons subject to military law. Injustice, burden on petitioner, in proceeding under. Department, no violation, no showing selection not reasonable Article of War 11: Availability of counsel decided by appointing authority.. 368 80, 232, 326 493, 617 282 493 493 67 256 253 Limitation not placed on general court-martial over persons only in command ........ Power vested in general court-martial over those subject to military law. Harmless error, otherwise properly introduced evidence.. Administrative action not basis for former jeopardy under.. Burden on petitioner to show injustice, in proceeding under.. Good cause, mere allegation insufficient. Mandamus considered application under...... 467 322 438 613 590 438 621 Review under, like collateral attack on court-martial judgment. Pre-trial investigation, not affect jurisdiction of court-martial. 357 376, 394, 425, 460, 469, 549 Article of War 85, dismissal mandatory, wartime drunkenness on duty.. 505 310 Article of War 96: A.W. 95 offenses different.... 310 Charges under, allege conduct to discredit of military service though specifica- Cause of death, erroneous medical intervention no defense. Assistant defense counsel, absent during one session of trial, not prejudicial where no evidence presented and defense counsel present.. 524, 525 Assertions, unsupported, new trial.... 634, 648, 654, 659 Attempt: Definition Housebreaking Authentication: Faithful record, guarantees... Record of trial, by president and trial judge advocate only, that of defense Record, trial, presumed correct Availability: 395, 406, 434 477 80, 326 Defense counsel of accused's choosing depends upon.. Judge Advocate General's Corps officers as defense counsel, determination of ....... Of counsel, decided by appointing authority. B Bad checks, defraud, intent not necessary. Bare assertions, new trial.. Belaboring point, inadvisable Benefit, misappropriation, not necessary. 202 634, 648, 654, 659 646 Belated, retraction, witness' Bethel rule ... Bias and prejudice: Courts-martial, charge, must be particularized...... Witnesses, bare assertions of, not enough without basis in fact. Bigamy: 190 248 207, 267, 369 429, 462, 463 343 Jurisdiction, military personnel.. To discredit of military.. Borrowing money, officer from enlisted man, improper.. Bribe: Force, threat of, robbery... 340 340 Valid prior marriage, preliminary question. Bodily harm, prevention of, excuse for killing, must have reasonable basis. 340 364 300, 653 298 Prosecution has, to prove case beyond reasonable doubt.. Cause of death, assault, erroneous medical intervention, no defense.. 592 Law member's, re evidence, cures error 38 Silence, not given at trial, not error. 172 Censure, of defense counsel in one case does not make him less effective in Law member cannot be required to give reasons for rulings on legal qualifica- 64, 67 Pretrial discussion, by third parties, shows no court prejudice. Change in law appellate court must apply, if between trial and appeal 390, 551 |