A Short Course of Military Law: As Applicable to Persons Subject to the Mutiny Act : to which is Added Military Law : as Applicable to Persons Subject to the Indian Articles of War : Prepared Chiefly for the Use of Officers Passing Through a Course of Garrison Instruction

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Thacker, Spink, and Company, 1877 - Military law - 217 pages

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Page 58 - If the accused was conscious that the act was one which he ought not to do. and if that act was" at the same time contrary to the law of the land, he is punishable...
Page 102 - Where an act, in itself indifferent, becomes criminal if done with a particular intent, there the intent must be proved and found ; but where the act is in itself unlawful, the proof of justification or excuse lies on the defendant; and in failure thereof, the law implies a criminal intent.
Page 46 - I do swear, That I will, to the best of my Ability, faithfully and truly report as to the Fitness for Service of the Man or Men about to be submitted to my Examination ; and that I will not receive from any of them any Fee or Reward whatever for any such Examination.
Page 109 - ... or when all the proofs are dependent upon one, the number of proofs neither increase nor diminish the probability of the fact; for the force of the whole is...
Page 123 - ... of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.
Page 106 - J. after stating the case as it appeared in the bill of exceptions, observed, That the court had some difficulty upon the point. The general rule of evidence is, that the best evidence must be produced which the nature of the case admits, and which is in the power of the party. In consequence of that rule, the testimony of the subscribing witness must be had if possible. But if it appear that the testimony of the subscribing witness cannot be had, the next best evidence is proof of his hand-writing.
Page 32 - States; provided the officer committing shall, at the same time, deliver an account in writing, signed by himself, of the crime with which the said prisoner is charged.
Page 105 - ... where the death of the person who made the declaration is the subject of the charge, and where the circumstances of the death are the subject of the...
Page 180 - ... 80, 83, 84 and 85, and may further inquire into and record the general character of such person and such other matters as may be prescribed. (2) Evidence received under this section may be either oral, or in the shape of entries in, or certified extracts from, court-martial books or other official records; and it shall not be necessary to give notice before trial to the person tried that evidence as to his previous convictions or character will be received. (3) At a summary court-martial the...
Page 173 - ... to transportation for life, or for any term not less than seven years, or to imprisonment, with or without hard labour, for any term not exceeding four years.

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