Date of action by CA and ISIC on court-martial
must be entered in. Oct. '49, p. 12.

Discussed. Dec. '48, pp. 3-5; Jan. '49, pp. 16-19.
Enlisted personnel shall not be tried by GCM with-
out. Jan. '50, p. 15.

Entries, as evidence, discussed. Dec. '48, p. 8; Jan.
'49, p. 16.

Procurement of. Mar. '49, p. 3.

REGULATIONS COUNSEL OFFICE OF JAG:

Functions and projects. Aug. '47, p. 10.

RELEVANCY:

Documents. Dec. '48, p. 4 (see also Evidence, Docu-
ments).

RENT:

Increase under voluntary leases. Dec. '47, p. 15.
Military "escape" clauses. Dec. '47, p. 15.

REOPENING OF COURT-MARTIAL PROCEEDINGS:
Duty of courts to, for newly discovered or omitted evi-
dence. Aug. '48, p. 6.

REPRIMAND:

Of court-martial members by reviewing authority held
legally unwarranted. May '49, p. 14.

REPORTER:

Court reporting, discussed. Nov. '49, pp. 12-15.
Swearing of. July '49, p. 4.

REPORTS (see also Administrative Reports):

GCM cases pending disposition for 30 days or more
must be reported to JAG. Jan. '50, p. 16.

RESERVE PROGRAMS:

Field economic mobilization course. Sept. '49, p. 12.
Permanent two-week course at U. S. Naval School, Naval
Justice. Apr. '48, p. 6; Apr. '50, p. 16.

Procedure for earning credits toward retirement. Jan.
'50, p. 14.

Voluntary Legal Reserve Program. May '48, pp. 18-20;
Aug. '48, p. 8.

RESERVE PERSONNEL:

When subject to UCMJ. Aug. '50, p. 13, p. 14.
RESTRICTED MATTER (see also Security):

Security Manual. Feb. '48, p. 4; Dec. '48, p. 2.

RETIRED PERSONNEL:

Acting as counsel before a military board as aiding in
a claim against the United States. Dec. '47, p. 14;
Feb. '48, p. 2.

Applicability of Career Compensation Act of 1949 to.
Discussed. Mar. '50, pp. 14-16.

Election of resultant benefits is irrevocable. Mar.
'50, p. 16.

Procedure in computing disability pay.
p. 15.

Mar. '50,

Qualifying conditions under. Mar. '50, p. 15.
Tax possibilities under, how to compute. Mar. '50,
p. 16.

Eligibility to act as counsel before the Board for the
Correction of Naval Records, Feb. '48, p. 2.
Rules governing federal employment. Dec. '47, pp. 12–14.
When subject to UCMJ. Aug. '50, pp. 13-14.

RETIREMENT REGULATIONS:

Applicable to reserve personnel suffering disability while
on active duty. May '50, p. 12.

Career Compensation Act of 1949, features of, discussed.
Mar. '50, pp. 14-16.

Instructions for administration of physical retirement.
Jan. '50, pp. 7-12.

Disapproval expressed in endorsement distinguished
from disapprobation. Oct. '49, p. 14.

Has duty to write endorsement, whether acquittal or
conviction by the court. Oct. '49, p. 11.

Has no authority to disapprove type of acquittal found
by court. Aug. '50, p. 6.

ISIC should not sign as Senior Officer Present. Oct.
'49, p. 12.

Proceedings, findings, and sentence of a court have no
legal effect until approved by CA and ISIC. Oct.
'49, p. 12.

Reprimand of court-martial members by reviewing au-
thority held legally unwarranted. May '49, p. 14.
Reviewing power vests in office, not the person. Oct.
'49, p. 12.

Technical requirements to be fulfilled by. Oct. '49,
pp. 11-12.

ROBBERY:

Proper pleading of. Sept. '50, pp. 12-13.

RULES OF THE ROAD (see also Admiralty):
As affecting naval vessels. May '48, p. 5.
Convention on the International Rules 1928. May
'48, p. 5.

Duty of U. S. escorting vessels to abide by. Feb. '48, p. 9.
"Pennsylvania" doctrine.

Burden of proof under. May '48, p. 5.

Contributory breach of rule. May '48, p. 5.
Discussed. May '48, p. 5.

Public Law 239, Seventy-ninth Congress. May '48, p. 5.
Public Law 433, Eightieth Congress. May '48, p. 5.

Radar as affecting. Sept. '48, p. 8.

"Special circumstances" distinguished from "crossing"

rule. July '48, pp. 10-11.

War Powers Act. May '48, p. 5.

SAFEGUARD:

Defined. Sept. '50, p. 16.
Forcing of. Sept. '50, p. 16.

SALVAGE CLAIMS (Admiralty):

Administrative Policy of Navy Department on salvage
claims (see also Policies of Navy Department).
Discussed. Nov. '47, p. 16.

Naval personnel as libelants. Nov. '47, p. 16; July
'50, p. 16.

U. S. as libelant. Nov. '47, p. 16.

SAMOA, AMERICAN:

Of wife. Apr. '48, p. 9.

By contract. Apr. '48, p. 9.

By failure to object to evidence. Apr. '48, p. 10.

By presumption. Apr. '48, p. 9.

Effect of continuing offense against U. S. upon legality

of search without warrant. Mar. '48, p. 5.

Extent of reasonable searches.

Of person and his effects. Mar. '48, p. 3.

Of a home. Mar. '48, pp. 3-4.

Of place of business. Mar. '48, pp. 3-4.

Illegal, evidence obtained by. Oct. '48, p. 5.

Of accused's private dwelling without a warrant. Apr.
'48, p. 10.

Of personnel on military reservation by the commanding
officer. Apr. '48, pp. 10–11.

Of persons in private vehicles. Apr. '48, p. 9.
Of private vehicle without warrant.
Should be coincident with arrest.

also Arrest).

Apr. 48, p. 9.

Oct. '48, p. 11 (see

Plurality of. Jan. '49, p. 7.

Recording of, in summary court-martial procedure.
Aug. '49, p. 8.

Validity of, reviewed under habeas corpus proceedings.
June '48, p. 4 (see also Habeas Corpus).

SERVICE RECORDS (see also Records, Service):
Discussed. Dec. '48, pp. 3-5; Jan. '49, pp. 16-19.
SETTING ASIDE:

Evidence of consummation of an offense is ground for
setting aside conviction for attempt. Oct. 48, p. 7.
Offense of disobedience, where facts show revocation of
order. Sept. '49, p. 3.

Offense of striking, where same striking included in rob-
bery offense. Sept. '49, p. 3.

Where entrapment encouraged by officers. Sept. '49,
p. 3.

SHORE ESTABLISHMENT:

Legal billets, discussed. Feb. '49, p. 2.
SPECIAL ASSIGNMENTS:

Of JAG lawyers. Feb. '49, p. 2; Mar. '49, p. 7; Apr. '49,
p. 7.

SPECIAL COURTS-MARTIAL:

Members (see Members of Courts-Martial).
SPECIFICATIONS (see also Charges and Specifications):
Analysis of, by recorder of summary court-martial.
May '50, p. 14.

Elements of the offense must be pleaded. June '48,
p. 20.

Offense to be alleged with particularity. Dec. '50, p.
4, p. 21.

STATE AND LOCAL TAXES:

Allowed against Federal activities. Sept. '49, pp. 8–11.
Doctrine of intergovernmental immunity. Dec. '49, p. 7.
Gasoline taxes and the Armed Services. Dec. '49, pp.
6-9.

Immunity of Navy activities to. Sept. '49, p. 10, p. 11.
Legality of use tax of California on auto purchased out-
side State by serviceman ordered to duty in taxing
State. July '48, pp. 14-15.

Navy contractors subject to. Sept. '49, pp. 8-10.
Navy is subject to, through court decisions. Sept. '49,
pp. 8-9.

Statute of limitations may not bar. Nov. '49, p. 8.
Taxation Branch of JAG renders advisory service to Navy
concerning. Sept. '49, p. 8.

Treated in Tax Manual of JAG Taxation Branch. Sept.
'49, p. 8.

Use tax distinguished from sales tax. July '48, p. 15.

STATUTE OF LIMITATIONS:

AGN articles 61, 62 govern. Mar. '49, p. 13.

As affirmative defense. Apr. 49, p. 9; Nov. '50, p. 7.
As bar to trial and punishment. Apr. 49, p. 10.
Commencement of period. Mar. '49, p. 13.
Comparison of statutes, Army, Navy and Federal. Apr.
'49, p. 11.

Comprehensive study of. Mar. '49, p. 15; Apr. 49, p. 9.
Court determines if a bar. Apr. '49, p. 9.

Court-martial decision whether trial and punishment
barred by statute of limitations not reviewable by civil
court in habeas corpus proceedings. Apr. 49, p. 9.
Desertion.

In time of peace. Mar. '49, p. 13.
Under UCMJ. July '50, p. 14.

Does not apply to certain offenses under UCMJ. Nov.
'50, p. 8.

Expiration of period. Apr. '49, p. 9.

Federal Tort Claims Act, death claims under. Jan.
'49, p. 3.

General rule as to. Mar. '49, p. 13.

In retirement proceedings. May '48, p. 9.

Limitations under UCMJ in cases other than desertion.
July '50, p. 14.

New trial, effect of statute of limitations on. Apr.
'49, p. 9.

Operation of, in conspiracies. June '48, p. 14.
Period of limitations in time of war that may be extended
or suspended after hostilities, terminated in certain
cases, under UCMJ. Nov. '50, p. 9.

Plea of guilty operates as waiver. Apr. 49, p. 9.
Running of.

Procedure.

Detailed outline of procedure, with specimen format.

July '49, pp. 3-6; Aug. '49, pp. 6-8.

Proceedings, findings, and sentence of a court have no
legal effect until approved by CA and ISIC. Oct.
'49, p. 12.

Record of, technical requirements for officer acting on.
Oct. '49, pp. 11-12.

Recorder of, pretrial preparation by. Apr. '50, pp. 8-12;
May '50, pp. 14-16.

SUMMARY COURT-MARTIAL, UCMJ:

Commissioned warrant officer may act as. Nov. '50, p. 10.
Members (see Members of Courts-Martial).

Summary court-martial officer may be the accuser. Nov.
'50, p. 11.

TAXATION BRANCH OF JAG:

Functions and services of. Sept. '49, p. 8.

State and local tax manual published by. Sept. '49, p. 8.
TAXES (see Federal Taxes; State and Local Taxes; or
Income Tax).

TERRITORIAL WATERS (see also International Law
and Jurisdiction):

Discussed. Mar. '49, pp. 4-7; Apr. 49, pp. 4-7.
TESTATOR (see Wills).

TESTIMONY (see also Evidence, Witnesses, and Admis-
sibility of Evidence):

Before investigating body, rights of personnel, discussed.
Mar. '50, pp. 8-10.

By accused (see also Accused).

Discussed generally. June '48, p. 17; Aug. '48, p. 4.
Self-incriminating. June '48, pp. 17-19.

By witness.

Discussed generally. Aug. '48, pp. 11-12.

To good reputation of accused.

Discussed generally. Feb. '50, pp. 9-11.
May be rebutted. Feb. '50, p. 11.

Competency of witness. July '50, p. 2.

Distinguished from evidence and proof. Oct. '49, pp.
18-20.

Expert and non-expert, defined. July '50, p. 7 (see also
Evidence).

General rule of admissibility. Nov. '49, p. 3.

Implicating persons before investigating bodies. Mar.
'50, p. 9.

In general. Aug. '48, pp. 13-15.

Necessity of recording. Nov. '49, p. 12.

23

By U. S. Mar. '49, p. 7.

By various nations. Mar. '49, pp. 6-7.

History of the rule, in general. Mar. '49, pp. 5-7.

In contradistinction to control on the high seas. Mar.
'49, p. 6.

Jurisdiction within U. S. over subsoil and seabed. Mar.
'49, p. 6.

TORT LIABILITY OF NAVY (or U. S.):

Claims against the U. S.

By military personnel. Oct. '48, p. 14.
Derivative claims. Nov. '47, p. 12.

For wrongful death. Nov. '47, p. 12.

Under Foreign Claims Act. Nov. '48, p. 3.

Where naval vehicle in accident. Dec. '47, p. 2.
Where U. S. a joint tort-feasor. Nov. '47, p. 11.
Damage arising from military maneuvers.
p. 12.

Nov. '47,

Injury and claims made under. Nov. '48, p. 3.
Public Vessels Act.

Liability under, discussed. Dec. '48, p. 13.

Law applicable to tort claims arising before and after
Jan. 1, 1945. Nov. '47, p. 11.

Legality of delegating authority to settle tort claims.
Nov. '47, p. 11.

Navy officer as acting within scope of his duties as con-
dition precedent to U. S. liability. Nov. '47, p. 12
(see also Agency).

Procedure in investigation of accidents involving Navy
vehicles. Dec. '47, p. 2; Apr. '48, p. 17.

Waiver of.

By naval personnel. Dec. '48, p. 13 (see also Dam-
ages).

For claims arising from collision of government ves-
sels. Nov. '47, p. 2 (see also Admiralty).

TRAFFIC ACCIDENTS (see also Accidents and Inves-
tigations):

Claims under Federal Tort Claims Act in accidents in-
volving Navy vehicles. Dec. '47, p. 2.

Injury and claims under Foreign Claims Act. Nov. '48,
p. 3.

Procedure for investigating and reporting. May '50, pp.
2-7.

Reports of, must include all available facts. May '50,
pp. 2-7.

Vehicle casualties discussed. May '50, pp. 3-7.

TREASON:

Distinction between accessories and principals. Apr.
'48, p. 4.

TREATIES AND CONVENTIONS:

Concerning control outside three-mile limit. Mar. '49,
pp. 5-6 (see also Three-Mile Limit).
Fur seal arbitration with Great Britain. Mar. '49, p. 6.
In regard to aviation. May '49, p. 3.
International Criminal Code. Sept. '48, p. 12.

Navy Department participation on committee concerned
with revision of two international conventions. Sept.
'48, pp. 11-12.

TRIAL COUNSEL (see also Judge Advocate and Prose-
cutor):

Cannot serve as member on special or general court-
martial of same case in which he has acted as counsel.
Nov. '50, p. 13.

Under UCMJ, discussed. Oct. '50, p. 11.

TRIALS:

Accused's right to choice of military or civil trial where
offense violates both civil and military law. July '48,
pp. 12-13 (see also Accused).

Ancient. June '50, pp. 14-15.

Availability of witnesses as affecting trial. Dec. '48, p. 17.
Brief for. May '50, pp. 14–16.

By court-martial, demand conscientious conduct by
members of court. Sept. '49, p. 7.

By Jury, waiver of upon entering service. July '48, pp.
11-13; Oct. '48, p. 3.

By GCM, recommendation for.

Procedure for. Jan. '50, pp. 15–16.

Rules and policies pertaining to. Jan. '50, pp. 15–16.
Character evidence, use of. Feb. '50, pp. 9–13.
Determination of military or civil trial when naval per-
sonnel and civil personnel are jointly involved. July
'48, p. 12.

Discharge as bar to. Apr. '49, p. 12.

Evidence can be introduced to show lack of intent to
proceed with the trial. Dec. '48, p. 6 (see also Nolle
Prosequi).

In joinder (see Joinder).

Lack of entry that prosecution rested not conclusive
that proceedings have not terminated. Dec. '48, p. 6.
New trial.

Upon newly discovered evidence. May '48, p. 12
(see also Evidence).

When prosecuting witness admits lying on stand.
May '48, p. 12.

On consolidated charges, rule for. Dec. '48, p. 16 (see
also Consolidation).

Postponement of, to take depositions. Mar. '49, p. 12.
Preparation for.

By recorder for summary court-martial. May '50,
p. 14.

Discussed, generally. Dec. '49, pp. 2–6; Apr. '50, pp.

8-12; May '50, pp. 14-16.

Separation of, request for by accused, discussed. Jan.
'49, p. 10.

Trial by court-martial as due process. July '48, p. 12
(see also Constitution).

TRUST TERRITORIES:

Duties of chief justice. Apr. 49, p. 8.

Duties of legal specialists. Apr. 49, p. 8.

Judicial system of, under Navy. Apr. 49, p. 8.

TRUTH SERUMS (see also Involuntary Confessions):
Battery, where consent not given to use. June '49, p. 7.
Definition of. June '49, p. 6.

History of use. June '49, p. 6.

Testimony obtained by, inadmissable in evidence. June
'49, p. 15.

Use of on criminal suspects without their consent should
be prohibited in the Navy. June '49, p. 15.

UNAUTHORIZED ABSENCE (see Absence).

UNIFORM CODE OF MILITARY JUSTICE:

Article 2-Persons subject to Code. Aug. '50, p. 12.
Article 3-Jurisdiction over certain personnel. Aug. '50,
p. 22.

Article 15-Commanding officer's non-judicial punish-
ment. Aug. '50, p. 6.

Article 25-Courts-martial membership. Nov. '50, p. 10.
Article 27-Appointment of trial and defense counsel.
Oct. '50, p. 11.

Article 32-Pretrial investigation. Oct. '50, p. 8.

Article 43-The statute of limitations. Nov. '50, p. 7.
Article 49-Depositions. Dec. '50, p. 6.

Article 102-Forcing a safeguard. Sept. '50, p. 16.
Commanding officer's non-judicial punishment powers.
Aug. '50, p. 6.

Conviction under, votes required. July '50, p. 15.
Enacted into law, 5 May 1950. June '50, p. 16.
General courts-martial.

Law officer of, discussed. Sept. '50, p. 7.

Pretrial investigation necessary in all cases. July
'50, p. 13.

Jurisdiction over certain personnel. Aug. '50, p. 22.
Law officer. (see Law Officer.)

Mast punishments to be called "non-judicial punish-
ments." July '50, p. 10.

Offenses under, cross-indexed with NC&B. Dec. '50,
pp. 12-18.

Persons subject to. Aug. '50, p. 12.

Pleas of guilty and not guilty under. July '50, p. 15.
Power to punish for contempt of court. July '50, p. 15.
Qualifications of trial and defense counsels in GCM
under. July '50, p. 12.

Statute of limitations. July '50, p. 14.
Subpoena powers. July '50, p. 15.

Table of related provisions to AGN. Sept. '50, p. 19.
Trial by court-martial after separation from service to
be allowed for certain offenses. July '50, p. 13.
Under consideration. Aug. '49, p. 3.

What it means, discussed. July '50, pp. 9-16.

UNITED STATES DISTRICT COURTS:

Have no jurisdiction over American citizens who com-
mit crimes in foreign country. Oct. '49, p. 17.
Jurisdiction over captures within three-mile limit. Mar.
'49, p. 5.

VEHICLES (see also Accidents, Traffic Accidents, and
Investigations):

Accidents to (see Accidents and Traffic Accidents).
Passengers in, when considered in a misconduct status.
May '50, p. 6.

Search of private vehicles without a warrant. Apr.
'48, p. 9.

Unauthorized use of government vehicle, disciplinary
action taken. May '48, pp. 12–13.

WAR CRIMES:

Assistance of inactive reserve officers in procuring evi-
dence for trials. Feb. '49, pp. 14-15.

Evidential procedures, at trials of. Nov. '49, pp. 2-3.
Factors and degree of liability for. Apr. 48, p. 14.
Immunity of heads of state. Apr. '48, p. 12.
International versus national approach to prosecution
problems during trials. Apr. 48, p. 12.

Plea of "superior orders." Apr. '48, pp. 12-14.
Proposals of JAG, as to. Feb. '49, p. 14.

Trial of, efforts to insure justice. Nov. '49, p. 3.
WARRANTS (see also Arrests):

Arrest without. Oct. '48, p. 10.

Lawyers of Armed Services should be able to predict lia-
bility of U. S. Oct. '49, p. 2.

Legal problems raised by. Oct. '49, pp. 2–7.

Navy lawyers affected by this new field. Oct. '49, pp. 2-7.
WILLS:

Acknowledgment of testator as requisite. June '49,
p. 14.

Alterations of. Jan. '49, p. 15.

Attestation clause

Discussed. May '49, p. 15.

When testator mentally ill. July '49, p. 7.
Counsel, advisability of engaging.

Civilian counsel. Jan. '49, p. 14.

Legal Assistance Officer.

Jan. '49, p. 14.

Jan. '49, p. 14.

Death, effective at time of.
Defects in execution. June '49, p. 14.
Definition of. Jan. '49, p. 14.

Destruction of prior will. July '49, p. 6.

Execution, dating of will by testator. July '49, p. 6.

Execution of by Legal Assistance Officer. Jan. '49, p. 15.
Formal requirements. June '49, p. 14.

History of law covering execution. June '49, p. 13.
Informal.

Holographic, discussed. Jan. '49, p. 14.
Nuncupative (oral). Jan. '49, p. 14.

Louisiana, peculiar requirements. Jan. '49, p. 14.
Methods of execution vary according to States. June
'49, p. 14.

Model form of. Jan. '49, p. 16.

Number of witnesses, varies in States. June '49, p. 1.
Procurement of witnesses to. Jan. '49, p. 14.

Protect and effect desires of testator. June '49, p. 14.
Revocation of. June '49, p. 15; July '49, p. 7.
Safe-keeping of. Jan. '49, p. 15.
Signatures.

Witnesses. Jan. '49, p. 15.

Statute of Wills, effect of. Jan. '49, p. 13.
Witnesses

Explanation to. July '49, p. 6.
Physician as. July '49, p. 6.
Seal of testator in presence of. June '49, p. 14.
Status of beneficiary as such. July '49, p. 6.

WIRE TAPPING:

Tapping of wires will not render inadmissible other
evidence legally obtained. (Federal Decision.) Dec.
'50, p. 11.

WITNESSES (see also Evidence):

Abuse of, improper. Aug. '49, p. 9.

Cannot be compelled to give answers that would tend
to be self-incriminating. May '49, pp. 14-15.
"Coaching," proper and improper use of, discussed.
Feb. 49, pp. 13-14.

Coercion of, and effect on evidence. Oct. '48, p. 4 (see
also Evidence).