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INDEX

(References are to pages; "A.W." indicates Articles of War)

The phrases in this index are not intended to state completely the propositions
mentioned. They are suggestive only, with the thought of directing the searcher to
places in the opinion where the authoritative comment may be found.

A

Page

Abandonment, crime, after commenced.

Abnormality, insanity, more required..

Absence duty deviation from orders, not.
Absence without leave:

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
Abuse of discretion

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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
turpitude crimes

As witness against co-accused, not without his consent.

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Good character, not shown by partisans without tests of credibility.

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Stipulations, not error to omit accused's personal agreement.

535

Surprise, none, because witness at pre-trial investigation not cross-examined.
Accuser, trial judge advocate, same case, proper, MCM 1928..

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Adequate penalty, what constitutes, for legislative judgment.

506

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President's courts-martial approval judicial, not administrative..
Administrative action, former jeopardy, not basis for plea of..
Admissions:

Page

578

278

294

275

66

467

Accused's properly elicited on cross-examination as to conviction of moral
turpitude crimes

6

Another's adopted by accused become his own, not hearsay.
Identity, plea to general issue....

332, 333

244

Self-defense not available...

Not prejudicial when facts adequately proved otherwise..
Tantamount to confession, may be under particular facts
To physician, not prejudicial, facts adequately proved otherwise.
Affidavits, new trial applications, witness must state facts..
Affirmance, sentence, findings approved...
Afterthought, counsel's

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

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Court-martial has jurisdiction over violations of Supreme Commander Allied
Powers' Directives

416

Announcement, sentence, discretionary.

208

Appeal:

Non-military jurisprudence, truth of testimony not in issue upon..

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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
Personnel of courts-martial determined 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
Approval:

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.....
Article of War 8:

Judge Advocate General Department officer as law member, discretionary.

67

138
141, 149, 209

Law member, lawyer, not Judge Advocate General Department, not error.... 138
141, 149, 159, 209, 212, 216, 231
244, 246, 278
General

Law member, not lawyer

Law member of general court-martial, not member Judge Advocate

Prosecution by former defense counsel, prejudicial unless nominal counsel.
Article of War 12:

General court-martial-persons subject to military law.
Jurisdiction by general court-martial, foreign.....

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..
Defense counsel, selection by appointing authority.....

368

80, 232, 326
477
98

493, 617

282

493

493

67

256

253

Limitation not placed on general court-martial over persons only in command
of convening authority.....

........

Power vested in general court-martial over those subject to military law.
Termination of employment in foreign place not end of jurisdiction.
Article of War 37:

Harmless error, otherwise properly introduced evidence..
Improper question, harmless, no information elicited....
Article of War 40:

Administrative action not basis for former jeopardy under..
Article of War 46, investigation, not referring to preliminary..
Article of War 53:

Burden on petitioner to show injustice, in proceeding under..
Good cause, injustice, must establish..

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.
Article of War 70:

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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..
Article of War 95, A.W. 96 offenses different.....

505

310

Article of War 96:

A.W. 95 offenses different....

310

Charges under, allege conduct to discredit of military service though specifica-
tion does not so state..

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Cause of death, erroneous medical intervention no defense.

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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
counsel not required

Record, trial, presumed correct

Availability:

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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
appointing authority

.......

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

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Prosecution has, to prove case beyond reasonable doubt..

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Cause of death, assault, erroneous medical intervention, no defense..
Caution:

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
subsequent cases

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Law member cannot be required to give reasons for rulings on legal qualifica-
tions as law member

64, 67

Pretrial discussion, by third parties, shows no court prejudice.

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Change in law appellate court must apply, if between trial and appeal

390, 551

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