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. |
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Results 1-5 of 100
Page 20
... issue . The fact that these tactics failed constitutes no reason for granting the defense on appeal an opportunity to pur- sue a different theory . ( Citing U. S. v . Bowers ( No. 2678 ) , 3 USCMA 615 , 14 CMR 33 ; U. S. v . Duggan ( No ...
... issue . The fact that these tactics failed constitutes no reason for granting the defense on appeal an opportunity to pur- sue a different theory . ( Citing U. S. v . Bowers ( No. 2678 ) , 3 USCMA 615 , 14 CMR 33 ; U. S. v . Duggan ( No ...
Page 21
... issue of self - defense . A fortiori , the fact that those arrayed against the accused were numerous and openly armed , while the accused was alone and obviously unarmed , may be similarly considered . This factor tends to lend credence ...
... issue of self - defense . A fortiori , the fact that those arrayed against the accused were numerous and openly armed , while the accused was alone and obviously unarmed , may be similarly considered . This factor tends to lend credence ...
Page 61
... issue , the prosecution rebuttal may likewise encompass that broadened field whenever it is necessary in order to remove an unfair prejudice which might otherwise have ensued from the original evidence . Thus , if the character ...
... issue , the prosecution rebuttal may likewise encompass that broadened field whenever it is necessary in order to remove an unfair prejudice which might otherwise have ensued from the original evidence . Thus , if the character ...
Page 70
... issue there must be an instruction on knowledge regardless of whether knowledge is an element of the offense or whether lack of knowledge is an issue to be raised affirmatively as a defense . ( Citing U. S. v . Wallace ( No. 988 ) , 2 ...
... issue there must be an instruction on knowledge regardless of whether knowledge is an element of the offense or whether lack of knowledge is an issue to be raised affirmatively as a defense . ( Citing U. S. v . Wallace ( No. 988 ) , 2 ...
Page 71
... issue is brought into bold relief by a specific instruction , lack of knowledge may be regarded as unimportant . An instruction which goes no further than to state that the possession must be wrongful is not sufficient to cover the ...
... issue is brought into bold relief by a specific instruction , lack of knowledge may be regarded as unimportant . An instruction which goes no further than to state that the possession must be wrongful is not sufficient to cover the ...
Contents
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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.