Digest of Opinions: The Judge Advocates General of the Armed Forces, Volume 4Lawyers Co-operative Publishing Company, 1954 Contains digests of selected opinions and decisions of the Judge Advocates General of the Army, Navy, and Air Force, the General Counsel of the Treasury Department and the Boards of Review ... the United States Court of Military Appeals; other governmental departments and agencies; and Federal and State courts. |
From inside the book
Results 1-5 of 99
Page 13
... evidence establishes that at the time the accused was alleged to have escaped from custody his status of being in custody had been terminated and supplanted by a status of confinement prior to trial . The commanding officer was the ...
... evidence establishes that at the time the accused was alleged to have escaped from custody his status of being in custody had been terminated and supplanted by a status of confinement prior to trial . The commanding officer was the ...
Page 25
The Judge Advocates General of the Armed Forces. BURGLARY § 17. Evidence , Weight and Sufficiency § 17.5 . Proof of corpus delicti . The accused was convicted of burglary with intent to commit larceny . The evidence showed that an ...
The Judge Advocates General of the Armed Forces. BURGLARY § 17. Evidence , Weight and Sufficiency § 17.5 . Proof of corpus delicti . The accused was convicted of burglary with intent to commit larceny . The evidence showed that an ...
Page 60
... evidence of record , the accused could prevent his retrial for the same offense . ( Citing U. S. v . Marker ( No. 281 ) , 1 USCMA 393 , 3 CMR 127 ; U. S. v . Simpson ( No. 1938 ) , 2 USCMA 493 , 9 CMR 123. ) United States v . Brown ( No ...
... evidence of record , the accused could prevent his retrial for the same offense . ( Citing U. S. v . Marker ( No. 281 ) , 1 USCMA 393 , 3 CMR 127 ; U. S. v . Simpson ( No. 1938 ) , 2 USCMA 493 , 9 CMR 123. ) United States v . Brown ( No ...
Page 61
... evidence is precluded from objecting to rebuttal coun- tering testimony of the same sort proffered on the part of his oppo- nent . ( Citing I Wigmore on Evidence , 3d ed , 1940 , sec 15 , pp 305- 307 , rules 2 and 3 , see also sec 195 ...
... evidence is precluded from objecting to rebuttal coun- tering testimony of the same sort proffered on the part of his oppo- nent . ( Citing I Wigmore on Evidence , 3d ed , 1940 , sec 15 , pp 305- 307 , rules 2 and 3 , see also sec 195 ...
Page 63
... evidence does not show that any threat was made . Rather than demonstrating an avowed present determi- nation or intent to injure presently or in the future , the accused's words and actions reveal a fixed purpose to avert such a result ...
... evidence does not show that any threat was made . Rather than demonstrating an avowed present determi- nation or intent to injure presently or in the future , the accused's words and actions reveal a fixed purpose to avert such a result ...
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Common terms and phrases
33 Comp Gen 63 Stat 9 CMR absence accused was convicted accused's action active duty admissible Air Force alleged Army assault AWOL bad conduct discharge board of review CGCMS Chg & Spec Citing MCM Citing U. S. civilian Claims command confinement Cong Contracts convening authority corpus delicti court-martial Crt-M Ct Cl defense counsel disability Disobed effect enlisted error established evidence F Supp fact failure Federal found guilty Held Homic Instructions to Court intent JAGA JAGAF JAGN jurisdiction L ed Larc larceny law officer law officer's lesser included offense ment Mil Pers Naval Navy person personnel prejudice pretrial prior prosecution punishment reasonable record Regulations rehearing requested Res F retired pay Self-Incrim Sent Sent & Pun sentence specification staff judge advocate statement status sufficient supra testified testimony tion Transp trial counsel United USCMA victim Witn witness
Popular passages
Page 111 - ... the measure of damages ordinarily to be the difference between the contract price and the market value at the time of the breach.
Page 77 - That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the Armed Forces or was of a nature to bring discredit upon the Armed Forces.
Page 291 - A written statement signed by an officer having the custody of an official record or by his deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry.
Page 251 - no person not being authorized by the sender shall intercept any communication [by wire or radio] and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communications to any person.
Page 516 - When any member of the senior division of the Reserve Officers' Training Corps has completed two academic years of service In that division and has been selected for further training by the president of the institution and by its professor of military science and tactics, and has agreed in writing to continue in the Reserve Officers...
Page 440 - Any person who has invented or discovered any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof, not known or used by others in this country before his invention or discovery thereof...
Page 433 - Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.
Page 440 - ... not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceeding had, obtain a patent therefor.
Page 451 - That in time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade, shall be entitled to receive the pay and allowances of the grade appropriate to the command so exercised...
Page 207 - The constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute.