Character evidence-Cont'd Specific act of misconduct-Cont'd curative admissibility, rule of Conduct, etc § 39.7 failure to object to evidence of Evid § 225.1 questions by defense counsel leading to recitation of
Evid § 225.1 rebuttal of defense evidence of accused's good character by proof of Conduct, etc § 39.7 Truthfulness of accused, personal opinions of witnesses as to
Evid § 225.1 Victim of sex offense not involv- ing element of consent, impeach- ment by evidence concerning reputation for chastity
Witn § 97.1 Witness not permitted to testify as to belief of particular testi- Evid § 203.1
Character of accused Argument or comment of coun- sel as to, see TRIAL
Charges and specifications As to particular offenses, see topics
covering such offenses Abatement of charges by law officer pending reinvestigation where deficiencies in the orig- inal investigation appear Chg & Spec § 41.1
convening authority returning charge sheet for amendments or additional charges as not Crt-M § 4.3
Additional charges-
convening authority's return of charge sheet for.. Crt-M § 4.3 rehearing which includes addi- tional charges before general court-martial when original was before special court-mar- tial Rehear § 3.1 Alternative theories of guilt, spec- ification permitting prosecution to use Assault § 89.1 Amendment- convening authority's return of charge sheet for. Crt-M § 4.3 date of offense
Conduct, etc § 36.5
distinct criminal acts constitut- ing parts of same transaction Assault § 65.3 offense necessarily included in offense charged Assault § 65.3 Election of charges- instructions limiting court to consideration of one of sev- eral acts as curing failure to require prosecution to elect which act it was relying on Chg & Spec § 27.25 rape case, two acts as single transaction so as not to re- quire election
Chg & Spec § 27.25 requiring prosecution to elect which of several legally sev- erable acts it will rely on to prove a general allegation
Chg & Spec § 27.25 sodomy case, failure of prosecu- tion to elect act upon which it relied as basis of charge
Charges and specifications-Cont'd Multiplication-Cont'd
AWOL and failure to go to ap- pointed place of duty cover- ing same period of time
AWOL § 15.3 necessity that offenses arise out of same after transaction Loss, etc Mil Prop § 25.5 reduction of confinement as re- moving prejudice resulting from ...... Chg & Spec § 34.1 same desertion, different intent Des § 31.3
Pretrial investigation, see PRE- TRIAL INVESTIGATION Reference for trial-
after civilian grand jury has re- fused to indict Defenses § 23.4 failure of staff judge advocate to make independent examina- tion of evidence
Chg & Spec § 45.1 presumption of regularity, effect
as to failure to direct to treat
Chg & Spec § 37.51
prior to submission of staff judge advocate's advice- as not error Chg & Spec § 45.1 waiver Chg & Spec § 45.1 verbal reference, legality of Crt-M § 3.5
probation by suspending imposi- tion of sentence as not con- viction EM § 73.1 Delivery of military personnel to- illegitimacy proceedings in Min- nesota as not criminal pro- ceedings authorizing delivery Mil Pers § 17.55 military violators of Migratory Bird Treaty Act
Posts, etc § 25.5 Parade under auspices of, use of military personnel in patrolling Army § 81.5
Police- contract with city to furnish protection for housing project on naval base as unaffected by withdrawal of acceptance of political jurisdiction by federal government
Posts, etc § 23.1 marines joining civil police re- LOD § 15.1
resisting lawful apprehension by, as violation of UCMJ, Arts 95 or 134 Appreh § 7.11
Civilian officers and employees Coast and Geodetic Survey, per- sons serving under shipping ar- ticles in Pay § 43.73 Compensation, forfeiture for mem. bership in subversive organiza- tions, see Subversive organiza- tions, membership in, infra this topic
Dual compensation as retired mili-
tary personnel and civilian em- ployee, see RETIRED PAY Faculty member at U. S. Naval Postgraduate School, retirement annuity of..... Civ Pers § 41.53 Guards, see CIVILIAN GUARDS Hatch Act, forfeiture of compen- sation for membership in sub- versive organizations, see Sub- versive organizations, member- ship in, infra this topic
Medal offered by Republic of Korea, acceptance of
Decor, Medals, etc § 23.1
Missing Persons Act-
benefits not confined to civilian employees in Korea holding appointments prior to out- break of hostilities
Civ Pers § 13.75 native laborers hired on per diem basis as not entitled to benefits of Civ Pers § 13.75 National Guard units not on ac- tive duty, employees of, as not Government employees
Claims § 35.5 Oaths, authority to administer Investig § 5.5 Permitting acceptance of gifts or gratuities by, see BRIBERY OR GRAFT
Pilot's license, authority of com- manding officer of Naval Port Control Office to require civil service pilots to possess Vessels § 195.15
Sale of alcoholic beverages by non- appropriated fund operated pri- marily for benefit of
Civilian officers and employees -Cont'd
Subversive organizations, mem- bership in-
Department of Justice's list of subversive organizations not to be used in determining sub- versive character of particular organizations. Civ Pers § 13.1 lump sum leave payments, ap- plicability of Hatch and Ap- propriation Act restrictions to Civ Pers § 13.1 present membership, Hatch and Appropriations Act prohibi- tions directed at
Superintendents of national ceme- teries, furnishing with quarters and fuel Civ Pers § 19.1 Unemployment compensation— Air National Guard Civilian employees ... Civ Pers § 49.1 employees of non-appropriated
fund activities Civ Pers § 49.6 Utility services in government- owned buildings occupied by, in- debtedness of employee for services Lands § 39.1 Voting booths on federal installa- tion for accommodation of
Lands § 35 Waiver of tort liability of civilian athletic association and Navy Department by personnel engag- ing in athletic events, effect Claims § 49.11
Civilians Jurisdiction over, see JURISDIC- TION OF COURTS-MARTIAL
Decisions of Government officers, contract provisions making final, statute governing pleading of, inapplicability to adjudicated claims ........ Contracts § 53.1
Incident to service-Cont'd
person on pass status on mili- tary reservation, injury of, as arising in course of activity incident to service
Claims § 92.1 Maneuver damage claims, appro- priations for maintenance and operation of Department of Army not available for payment of Claims § 77.1 Motor vehicles, claims under Fed eral Tort Claims Act arising from operation of, Federal Tort Claims Act, supra this topic Waiver of tort liability of civilian athletic association and Navy Department by personnel en- gaging in athletic events, effect Claims § 49.11
Claims in favor of the United States Release of, persons authorized to execute Claims § 25.31
Classification Act of 1949 Retroactive pay increases under Civ Pers § 13.1
Classification Board Reduction of noncommissioned offi- cer for inefficiency, necessity of referring case to board
EM § 45.19 Classified military information Attempting to give intelligence to enemy by offering for sale cer- tain classified military informa- tion, evidence held sufficient to establish War § 89.11
Wrongful receipt of― approval of lesser offense, on charge of wrongful receipt with intent that information respecting national defense be used to injure United States War § 47.14
instructions as to whether infor- mation concerned the national defense, sufficiency
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