Remarks on the Constitution and Practice of Courts Martial: With a Summary of the Law of Evidence, as Connected with Such Courts; Also Some Notice of the Criminal Law of England, with Reference to the Hundred and Second Article of WarF. Pinkney, 1843 - 648 páginas |
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Página xv
... as he believes them to have been in- culcated by practice , so he hopes they will be recog- nised as in unison with the prevailing customs of the service . In prosecution of the object of the present under- taking PREFACE . XV .
... as he believes them to have been in- culcated by practice , so he hopes they will be recog- nised as in unison with the prevailing customs of the service . In prosecution of the object of the present under- taking PREFACE . XV .
Página xvi
... prosecution of the object of the present under- taking , it was found absolutely necessary to advert to the general rules of evidence in the common law courts of the country , and to the more prominent features of the criminal law of ...
... prosecution of the object of the present under- taking , it was found absolutely necessary to advert to the general rules of evidence in the common law courts of the country , and to the more prominent features of the criminal law of ...
Página xxii
... Prosecutor 183 Prisoner ... 187 Interpreter ... 188 Witnesses - Attendance of .. 190 Contempts of Court 195 Power of Court in cases of Prevarication and Perjury Oaths before Courts Martial 199 203 CHAP . X. 214 OF THE TRIAL AND ITS ...
... Prosecutor 183 Prisoner ... 187 Interpreter ... 188 Witnesses - Attendance of .. 190 Contempts of Court 195 Power of Court in cases of Prevarication and Perjury Oaths before Courts Martial 199 203 CHAP . X. 214 OF THE TRIAL AND ITS ...
Página 35
... prosecution in the absence of the prisoner , though a reciprocal advantage is not afforded him , as his witnesses are examined in the presence of the prosecutor . The prisoner has , on a subsequent day , an opportunity of cross ...
... prosecution in the absence of the prisoner , though a reciprocal advantage is not afforded him , as his witnesses are examined in the presence of the prosecutor . The prisoner has , on a subsequent day , an opportunity of cross ...
Página 65
... prosecutor or prisoner , cannot be intended to act as judge advocate in all respects ; as he can neither interfere with the charge or with evidence out of court , nor give an opinion , except in his judicial capacity , as to the wording ...
... prosecutor or prisoner , cannot be intended to act as judge advocate in all respects ; as he can neither interfere with the charge or with evidence out of court , nor give an opinion , except in his judicial capacity , as to the wording ...
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Términos y frases comunes
accused acquitted admitted appear apply arise army arraigned arrest articles of war attend authority award british capital punishment captain cashiering character charge circumstances civil judicature clause colonel commander in chief commanding officer commission committed common law competent confinement convened conviction corporal punishment court of enquiry crime criminal custom death declared defence desertion discipline duty evidence examination exceeding facts felony forces forfeiture guard guilty imprisonment indictment intention jurisdiction justice liable lieutenant lieutenant colonel majesty majesty's martial law ment military law mutiny act necessary non-commissioned officer oath observed offence officer commanding officer or soldier opinion party penalty perjury person president prisoner proceedings proof prosecution prosecutor proved provost marshal question rank reference regimental court martial remarks render secretary at war sentence ship statute superior officer sworn tion transportation trial tried Tytler United Kingdom warrant witnesses
Pasajes populares
Página 564 - ... every such offender shall be guilty of felony ; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for life, *or for any term not less than seven years, or to be imprisoned for any term not exceeding four years : and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit,) in addition to such imprisonment...
Página 568 - ... any person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable such person, or to do some other grievous bodily harm to such person...
Página 517 - Statutes made or to be made, he may be indicted and convicted either as an Accessory after the Fact to the principal Felony together with the principal Felon, or after the Conviction of the principal Felon, or may be indicted and convicted of a substantive Felony whether the principal Felon shall or shall not have been previously convicted or shall or shall not be amenable to Justice...
Página 532 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the clerk of the Court, or other officer...
Página 563 - So, where a person does an act lawful in itself, but in an unlawful manner, and without due caution and circumspection, as when a workman flings down a stone or piece of timber into the street and kills a man, this may be either misadventure, manslaughter, or murder, according to the circumstances under which the original act was done : if it were in a country village where few passengers are, and he calls out to all people to have a care, it is misadventure only ; but if it were in London, or other...
Página 206 - ... disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.
Página 569 - ... every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years...
Página 564 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Página 196 - For laws without a competent authority to secure their administration from disobedience and contempt, would be vain and nugatory. A power, therefore, in the supreme courts of justice to suppress such contempts, by an immediate attachment of the offender, results from the first principles of judicial establishments, and must be an inseperable attendant upon every superior tribunal.
Página 517 - ... convicted either as an accessory before the fact to the principal felony, together with the principal felon, or after...