Memorandum Opinions of the Judge Advocate General of the Army: When Acting Upon Applications for Relief Under Article of War, 53, 1949-1950 |
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Page 78
... asserted that he had told the truth in testifying . No witnesses were called by the defense , and accused elected to remain silent . 3. The court was convened by the Commanding General , Bolling Field Command ( Paragraph 20 , SO 167 ...
... asserted that he had told the truth in testifying . No witnesses were called by the defense , and accused elected to remain silent . 3. The court was convened by the Commanding General , Bolling Field Command ( Paragraph 20 , SO 167 ...
Page 108
... asserted ( Murray v . U. S. 10 F 2d 409 ( CCA 7th ) , certiorari denied , 271 U. S. 673 , 70 L. Ed . 1144 , 46 S. Ct . 486 ; U. S. v . Campanaro 63 F Supp . 811 ; Wigmore on Evidence ( Vol VI , 3d Ed ) sec 1766 ) . Although counsel now ...
... asserted ( Murray v . U. S. 10 F 2d 409 ( CCA 7th ) , certiorari denied , 271 U. S. 673 , 70 L. Ed . 1144 , 46 S. Ct . 486 ; U. S. v . Campanaro 63 F Supp . 811 ; Wigmore on Evidence ( Vol VI , 3d Ed ) sec 1766 ) . Although counsel now ...
Page 112
... asserted that the accused was not adequately defended , because his defense counsel was incompetent , was not an attorney at law , and conferred but briefly with the accused prior to the trial . It is stated that the prosecution was ...
... asserted that the accused was not adequately defended , because his defense counsel was incompetent , was not an attorney at law , and conferred but briefly with the accused prior to the trial . It is stated that the prosecution was ...
Page 143
... the present time and believes himself to be a member of the United States Army who is under consideration as a violator of the Military Laws . ( Italics supplied ) . It is asserted in applicant's petition that certain pertinent evidence ...
... the present time and believes himself to be a member of the United States Army who is under consideration as a violator of the Military Laws . ( Italics supplied ) . It is asserted in applicant's petition that certain pertinent evidence ...
Page 144
... asserted in applicant's petition that certain pertinent evidence showing lack of intention to desert was not ... assertion that his father wrote a latter of inquiry to the Commanding Officer at Fort Dix was ad- mittedly not advanced at ...
... asserted in applicant's petition that certain pertinent evidence showing lack of intention to desert was not ... assertion that his father wrote a latter of inquiry to the Commanding Officer at Fort Dix was ad- mittedly not advanced at ...
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Common terms and phrases
1950 MEMORANDUM OPINION 9th Cir accused accused's affidavit alleged Applicant was tried applicant's Application for Relief appointed defense counsel approved the sentence Article of War asserted board of review Captain cert Charge civilian confinement at hard contends convicted court court-martial denied dishonorable discharge duty E. M. BRANNON Major evidence ex rel findings of guilty found guilty German granting of relief habeas corpus hard labor held the record indicate JAGY CM law member Lieutenant Manual for Courts-Martial MEMORANDUM OPINION SUBJECT military law offense ordered executed petition petitioner petitioner's presents an application Private First Class prosecution record of trial regularly appointed defense relief under Article requested reviewing authority approved sentenced to dishonorable Sergeant soldiers Specification sufficient to support Supp support the findings Technician Fifth Grade testified testimony tion total forfeitures trial judge advocate trial legally sufficient truck U. S. Army United USA The Judge violation of Article Whelchel witness
Popular passages
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 287 - A plea of guilty differs in purpose and effect from a mere admission or an extra-judicial confession; it is itself a conviction. Like a verdict of a jury it is conclusive. More is not required ; the court has nothing to do but give judgment and sentence.
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...
Page 555 - ... mental defect, disease, or derangement as to be able concerning the particular act charged both to distinguish right from wrong and to adhere to the right.