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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

mony

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

Accuser-

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

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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

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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

case as noncapital

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

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Evid § 189.21

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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

serves

resisting lawful apprehension
by, as violation of UCMJ,
Arts 95 or 134 Appreh § 7.11

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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

Civ Pers § 13.1

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

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Decisions of Government officers,
contract provisions making final,
statute governing pleading of,
inapplicability to adjudicated
claims ........ Contracts § 53.1

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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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