Harmless or prejudicial error
Character evidence, see CHARAC- TER EVIDENCE
Command influence, see COM- MAND INFLUENCE
Confessions, matters as to, see CONFESSIONS AND ADMISSIONS Cross-examination of accused, ac- cusatory questions implying misconduct Witn § 105.3
Cumulative error-
conferences between law officer and members of court during recess, error occurring in Trial § 31.1 Depositions, see DEPOSITIONS Findings, error requiring dismiss- al of, or rehearing on, some findings as not necessarily af- fecting other findings
Rehear § 1 General prejudice, presence of law officer in deliberations on offense Trial § 65.5 Handcuffs on accused when brought into courtroom
Trial § 7.21 Improvident plea of guilty, con- sideration as harmless error where court is properly in- structed and evidence is com- pelling Pleas § 9.5 Instructions, see INSTRUCTIONS TO COURT
Newspaper reporters' presence at trial as not prejudicial
Trial § 23.15 Photograph of court members, publication in base newspaper as not prejudicial
Cause of death-
admissibility of death certificate to establish Homic § 121.7 admissibility of testimony of doctor executing death cer- tificate Homic § 121.7 evidence held sufficient to estab-
lish that act of accused con- tributed to ... Homic § 119.1 Charges and specifications- identity of victim, specification held sufficient with respect to allegation of Homic § 73.11 name of victim, failure to set out Homic § 73.11 Civilian policeman shooting en- listed man while acting under order of Air Force officer, re- moval of trial to federal court Officers § 1
Conspiracy to commit, see CON-
evidence held sufficient as to
name, failure to set out in speci- fication Homic § 73.11 specification held sufficient with respect to allegation of Homic § 73.11
Instructions to court-
culpable negligence-
failure to instruct as to proxi- mate cause.. Homic § 82.31 premeditated murder- aggravated assault held not raised by evidence so as to require instructions
Homic § 28.11 Homic § 119.1 distinction from unpremedi- tated murder, instructing on Homic § 82.3 evidence held insufficient to re- quire instructions on volun- tary manslaughter
Defenses § 35.9 irresistible impulse, "police-
man at the elbow" test
mental ability to deliberate, consideration of mental dis- orders short of insanity, failure to instruct on
Trial § 57.9 mental ability to deliberate, evidence held insufficient to raise issue so as to require instructions .. Homic § 82.3 premeditation—
evidence as to use of drugs held insufficient to require instruction to consider drowsiness in determining capacity to premeditate Homic § 82.3 evidence of intoxication held insufficient to require in- structions on effect on ca- pacity to premeditate Homic § 82.15
requested instruction on, as sufficiently covered by in- struction in terms of Man- ual definition
Photograph of victim, admissibili- ty to corroborate testimony as to position of weapon
Evid § 183.5 Physical condition of victim, effect of .. Homic § 82.11
Premeditated murder-
board of review statement ac- cused was suffering from mental aberration as not indi- cating improper affirmance of conviction of .. Homic § 51.11 charges and specifications, supra this topic
evidence, sufficiency
Homic § 113.1 instructions to court. supra this topic
participation of accused, evi- dence held sufficient to estab- lish Homic § 113.1 unlawfulness of killing, evi- dence held sufficient to estab- lish Ho:nic § 107.1
Homosexuals-Cont'd
Sodomy, see SODOMY. Truthfulness, expert testimony as to Evid § 203.1
Honorable discharge
As character evidence Trial § 57.2 Hospitals and hospitalization Civilian employees of cost-plus contractor, duty of Coast Guard to furnish medical services for Contracts § 149.57
Civilian medical care, see CIVILIAN MEDICAL CARE
Conviction by court-martial as affecting eligibility to receive medical care
Hosp, Med, etc § 11.7 National Guardsman- injury on way home from field training duty, pay and allow- ances for period of home treatment NG § 61.7
non-line of duty injury
hospitalization beyond train- ing period
ordered into active service, en- titlement to benefits provided for Regular Army personnel Res F § 61.1
Reserve officer, invalidity of orders calling to active duty for pur- poses of hospitalization
Res F § 5.35 Reservists hospitalized as result of disease or injury while per- forming active duty without pay, entitled to pay and allow- ances during hospitalization Res F § 61.5 Reservists ordered into active mil- itary service, entitlement to benefits provided for Regular Army personnel. Res F § 61.1 Retired personnel-
periodic physical examination,
travel allowances and free meals for persons required to submit to
Hosp, Med, etc § 1.21
Indebtedness to government
Indecent acts with child
See CHILDREN
Indecent assault
See ASSAULT
Wire tapping, admissibility of evi- dence obtained by.. Evid § 69.5
Individual counsel
See DEFENSE COUNSEL
Induction or draft
Change in draft registrant's sta- tus, waiver of claim for defer- ment because of failure to re- port War & Def § 5.9 Deferment as privilege only
War & Def § 5.27 Doctors and dentists inducted or called to active duty, process- ing time as credited as active duty War & Def § 5.27 Doctors' Draft Law, constitution- ality War & Def § 5.27 Postponement of induction after order to report is given, effect War & Def § 5.9 ROTC graduate, deferment status as not subject to withdrawal by Army War & Def § 5.9 Reserve status terminated by War & Def § 5.9 Validity of reenlistment in NG after receipt of order to report for induction NG § 40.27 Validity of Reserve commission accepted after order to report for induction but prior to actual induction ...... War & Def § 5.9
See PRESUMPTIONS AND INFER-
Admissions to, admissibility in ab- sence of warning of rights Evid § 133.15
Conspiracy, informer as not party
Statements of, admissibility
Injury Scope of term under District of Columbia Workmen's Compen- sation Act as inapplicable un- der Career Compensation Act Retire § 20
Presumption of, see PRESUMP- TIONS AND INFERENCES
Instructions to court
As to particular offenses, see top- ics covering such offenses Accessories after the fact, evi- dence held insufficient to require instructions on
Accy & Prin § 5.1 Accomplice's testimony, instruct- ing as to.... Trial § 57.17 Accused's failure to testify, in- structing as to, see WITNESSES Additional instructions or clarifi- cation-
circumstantial evidence, infra this topic
definition of uncorroborated testimony, cure of error in by clarifying instruction Trial § 57.17 failure to object to instructions or to request additional in- structions or clarification- generally Trial § 56.9 Conduct, etc § 61.13
elements of offense, failure to object to instructions on, as not waiver. Disobed § 35.3
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