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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Results 1-5 of 100
Page xiv
... Error of law ; lesser included offense . 59 ( a ) . 37 ( see above ) . Error of law ; lesser included offense . 59 ( b ) . 47 ( f ) , 49 ( a ) . 489 Initial action on the record .. 60 . 35 , 47 ( e ) Same General court - martial records ...
... Error of law ; lesser included offense . 59 ( a ) . 37 ( see above ) . Error of law ; lesser included offense . 59 ( b ) . 47 ( f ) , 49 ( a ) . 489 Initial action on the record .. 60 . 35 , 47 ( e ) Same General court - martial records ...
Page 5
... error ; C. That he could establish an alibi , if a new trial were granted ; d . That evidence of his previous crimes was , through error , admitted into evidence at his trial before the Court made its findings . 5. a . It is contended ...
... error ; C. That he could establish an alibi , if a new trial were granted ; d . That evidence of his previous crimes was , through error , admitted into evidence at his trial before the Court made its findings . 5. a . It is contended ...
Page 11
... error ; that accused was prejudiced by the efforts , though unsuccessful , of the trial judge advocate to introduce in- admissible evidence ; and that accused was deprived of a fair trial because , on advice of defense counsel , he did ...
... error ; that accused was prejudiced by the efforts , though unsuccessful , of the trial judge advocate to introduce in- admissible evidence ; and that accused was deprived of a fair trial because , on advice of defense counsel , he did ...
Page 37
... errors committed prior to and during trial had a substantial contributing effect upon the findings of guilty and the ... error which summarized allege : that the law member and the staff judge advocate of the convening authority had ...
... errors committed prior to and during trial had a substantial contributing effect upon the findings of guilty and the ... error which summarized allege : that the law member and the staff judge advocate of the convening authority had ...
Page 38
... error . 6. The record of trial is free of error injuriously affecting the substantial rights of accused . Nothing is submitted to support the inference that the law member was disqualified to sit on trial of accused . The law mem- ber ...
... error . 6. The record of trial is free of error injuriously affecting the substantial rights of accused . Nothing is submitted to support the inference that the law member was disqualified to sit on trial of accused . The law mem- ber ...
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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 indicate JAGY CM law member Lieutenant Manual for Courts-Martial MEMORANDUM OPINION SUBJECT military law offense ordered executed petition petitioner 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 Technician Fourth 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.