Discussion, as to which Navy funds are public and which
are private under law governing seizure by occupying
power. Feb. '48, pp. 1-2.

Legality of Jap confiscation of private and public funds
in Philippine Bank. Feb. '48, pp. 1-2.
Liability of Philippine Bank for Jap confiscation of pri-
vate and public deposits therein. Feb. '48, pp. 1-2.
CONSPIRACIES AND AGREEMENTS:

Abandonment, act necessary to constitute. June '48, p. 14.
Admissibility of declarations against others. June '48,
p. 14 (see also Admissibility of Evidence).
Convictions and acquittals of conspirators. June '48,
p. 14.

Informal agreement adequate. June '48, p. 14.
In general. June '48, pp. 13-15.

Motive and intent. June '48, p. 13.

Overt act, when required. June '48, p. 13.

Statute of limitations, operation of. June '48, p. 14;
Apr. 49, p. 10 (see also Statute of Limitations).
Substantive offense distinguished. June '48, p. 14; Oct.
'48, p. 5.

Conditions justifying martial law. June '48, p. 5.
Court-martial as constituting due process under 14th
amendment. July '48, p. 12.

Evidence obtained in violation of. Oct. '48, p. 9.
Federal tax immunity removed through court decisions.
Sept. '49, p. 8.

Guarantee against unreasonable searches and seizures.
Apr. 48, pp. 9-11; Mar. '48, pp. 2-5 (see also Search
and Seizure).

Habeas corpus, ground for suspensions of. June '48, p. 5
(see also Habeas Corpus).

Indictment by grand jury expressly unnecessary in mili-
tary proceedings under 5th and 6th amendments.
July '48, p. 12.

Legality of state imposing both a use tax and sales tax
on same auto. July '48, p. 15. (see also Taxes.)
Power of Congress to establish court-martial system as
due process for servicemen. July '48, pp. 11-12.
Relation between 4th and 5th Amendments to. Mar. '48,
p. 2.

Rights of military personnel under.

Claiming, when called to testify before investigating
bodies, must be carefully considered. Mar. '50,
p. 9.

Discussed. Oct. '48, p. 3.

Possible effects of claiming. Mar. '50, p. 9.

CONSTITUTION—Continued

Self-incrimination in general. June '48, pp. 17-19. (see
also Self-Incrimination.)

Source of authority for naval law. Sept. '49, pp. 3-4.
Waiver of jury trial upon entering service. July '48, p. 11
(see also Trials).

CONTEMPT OF COURT:

Power to punish for contempt under UCMJ. July '50,
p. 15.

CONTINGENCIES OF PROOF:

Charging both embezzlement and larceny to provide for.
Jan. '48, p. 12.

CONVENING AUTHORITY, AGN (see also particular
court or board, Reviewing Authority and Convening Au-
thority, UCMJ):

Actions of.

Discussed. Oct. '49, pp. 11–14.
Must be dated. Oct. '49, p. 12.
On acquittal. Oct. '49, p. 13.

Reprimand of court not warranted for adjudging
inadequate sentence unless it appears that officers
concerned were actuated by capricious or arbitrary
motives. May '49, p. 14.

Course of action when statement of accused inconsistent
with plea. June '50, pp. 10-11.

Date of endorsement of record must be entered in Ship's
Log. Oct. '49, p. 12.

Duty to decide if evidence is sufficient to support charge.
Aug. '48, p. 3.

Mitigating sentence when not commensurate with pun-
ishment is warranted. Apr. '50, p. 6.

Must act on record before forwarding. Oct. '49, p. 11.
Of investigations.

Should name parties to investigation. Mar. '50, p. 7.
May order proceedings in revision. Mar. '50, p. 8.
Of physical evaluation boards. Jan. '50, p. 12.
Power to enter nolle prosequi. May '48, p. 14.
Power to order sentence of GCM to run concurrently
with previous sentence. Jan. '48, p. 16. (see also
Sentences.)

Procedure when faced with sailing date and serious
offense is committed in foreign country. Aug. '47, p. 9.
Proceedings, findings, and sentence of a court have no
legal effect until approved by. Oct. '49, p. 12.
Recorded or judge advocate should advise, if specifica-
tions are inadequate or evidence does not appear suf-
ficient to present prima facie case. Apr. '50, p. 9, p. 12.
Should include synopsis of conduct of accused in his
action on record. Oct. '49, p. 13.

Should use tribunal commensurate with offense. Apr.
'50, p. 6.

Special authority to act as, given by SecNav. Apr. '50,
p. 6.

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

11-12.

CONVENING AUTHORITY, UCMJ (see also Convening
Authority, AGN):

May act as summary court-martial officer when no other
officer is present in command. Nov. '50, p. 11.
Must explain in writing reasons for denying accused's
request for enlisted members. Nov. '50, p. 12.

CONVICTIONS:

Sept. '50, p. 4.

Based on circumstantial evidence.
Based on silence of accused. Jan. '50, pp. 2-6.
In conspiracies. June '48, p. 14.

Of accessory after acquittal of principal. Apr. 48, p. 5.
(see also Accessories.)

On evidence illegally obtained. Apr. '48, p. 10. (see also
Search and Seizure.)

On uncorroborated testimony of accomplice. Apr. 48,
p. 4. (see also Accomplices.)

Setting aside, attempted theft conviction. Oct. '48, p. 7.
Under UCMJ, number of votes required. July '50, p. 15.

CORROBORATION (see Confessions, Documents, Evi-
dence):

COUNSEL:

Accused has right to, of own choice. Apr. '50, p. 10.
Argument

Abuses of counsel in. Aug. '49, p. 8.
Authorities citable. Aug. '49, p. 8.

Misquoting of contents of a paper, or of testimony.
Aug. '49, p. 9.

Passion and prejudice, appeals to. Aug. '49, p. 10.
Before retiring board, discussed. May '48, pp. 9-11.
Ethics. Feb. '48, p. 4.; Jan. '49, p. 9; Aug. '49, p. 9.
Improper to comment on failure of accused to take stand.
Aug. '49, p. 10.

Improper to express opinion as to own belief in guilt or
innocence. Aug. '49, p. 10.

Qualifications of GCM trial and defense counsels under
UCMJ. July '50, p. 12.

To assist recorder. July '49, p. 3.

COUNSEL FOR ACCUSED (see also Accused, Counsel,
and Defense Counsel):

Accused should make full disclosure to own counsel
concerning all facts of the case. May '49, p. 9.
Admission by, in court not binding unless authorized.
Jan. '50, p. 5.

Assigning of.

July '49, p. 3.

Common errors in summary and deck courts. Apr. '50,
pp. 5-8.

Convened under SecNav authority should show this fact
in precept. Apr. '50, p. 6.

Counsel for accused (see also Accused, and Counsel for
Accused).

Admonition of. Dec. '48, p. 6.

Court cannot originate evidence but can direct judge
advocate to procure. Aug. '48, p. 6.

Created by AGN. June '49, p. 2.

Decisions on matters of law are reviewable. Aug. '47,
p. 3.

Deck Courts (see Deck Courts.)

Dignity of. Jan. '49, p. 5.

COURTS-MARTIAL-Continued

Procedure, in reopening closed cases. Aug. '48, p. 6.
Procedure, when statement of accused inconsistent with
plea. June '50, p. 10, p. 13.

Rulings on objections. Mar. '50, p. 14.

Should reopen case for newly discovered or omitted evi-
dence. Aug. '48, p. 6.

Testimony, evidence and proof before, distinguished.
Oct. '49, pp. 18-20.

Witnesses (see also Witnesses).

Called by court, examination of. Aug. '48, p. 6.
COURT-MARTIAL ORDERS (see also CMO Digests):
Annual compilation, sale of. Aug. '49, p. 6.

Authority of, rule for, most recent generally binding.
Mar. '49, p. 11; Dec. '49, p. 3.

Comprehensive illustrations of use, in finding law
of case. Dec. '49, pp. 3-6.

How to find your point of law. Dec. '49, p. 3.
COURTS OF INQUIRY (see Investigation):
CRIMINAL ATTEMPTS (see also Attempts):
Discussed. June '50, pp. 5-7.

Recovery under. Dec. '48, p. 13 (see also Admiralty).
Recovery for, by military personnel against owner of a
vessel. Dec. '48, p. 13.

Resulting from negligence of compulsory pilot, liability
for. Mar. '48, p. 8.

To private vessel in convoy resulting from negligence
of Convoy Commodore, liability for. Mar. '48, pp. 7–8.
DEATH (see also Misconduct):

Drowning while drunk, misconduct. Apr. '48, p. 8.
Presumption of, from unexplained absence plus exposure
to impending peril. Feb. '48, pp. 2-3 (see also
Presumptions).

DECK COURT OFFICER:

Challenge of, by accused. May '49, p. 13.

DECK COURTS:

Ballantine Report recommendations concerning. Mar.
'50, p. 4.

Common errors in. Apr. '50, pp. 5-8.

Consolidation of charges. Dec. '48, p. 15; Jan. '49, p. 6
(see also Charges and Specifications).

DEFENSE (see also Accused and Defense Counsel):
Drunkenness as predicate for showing lack of specific
intent. Dec. '47, p. 4; Aug. '48, p. 9.
Insanity as.
Insanity).

Dec. '47, p. 4; July '50, p. 5 (see also

DEFENSE COUNSEL:

Accused has right to counsel of his own choice under
UCMJ. Oct. '50, p. 12.

Advisability of placing accused on stand to rebut prima
facie case of prosecution, when intended plea for
clemency will touch on this issue. June '50, pp. 7-14.
Cannot serve as member on special or general courts-
martial of same case in which he has acted as counsel,
under UCMJ. Nov. '50, p. 13.

Ethics of, discussed. Jan. '48, pp. 9-11.
Knowledge of elements of offense essential. Nov. '48,
p. 7, p. 10.

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

Absence without or over leave.

In time of peace, discussed. Mar. '49, p. 13; Apr. '49,
pp. 10-11.

In time of war, discussed. Mar. '49, p. 13; Apr. '49,
pp. 10-11.

Act and intent must concur to constitute offense. Aug.
'49, p. 10.

Determination of time elapsed for purposes of statute

of limitations, discussed. Mar. '49, p. 14; Apr. '49, p. 11.
Expiration of period of limitation as a defense. Apr. '49,
p. 9.

History of the offense, before and after 1890. Mar. '49,
p. 13.

Plea of not guilty mandatory, to charge of. June '50,
p. 13.

Prima facie evidence of, supplied by service record
entries. Dec. '48, p. 14.

Proper arresting authorities listed. Oct. '48, p. 11.
Statute of limitations for, under UCMJ. July '50, p. 14.
Trial by GCM for. Jan. '50, pp. 15–16.

DIGNITY:

Of the court. Jan. '49, p. 5.

Reflected by courtroom setting. Aug. '49, p. 5.

DIRECT EXAMINATION:

Of witnesses. Nov. '48, pp. 6-10.

DISABILITIES:

Occurring to reserve personnel on active duty. Apr.
'50, pp. 13-16; May '50, pp. 10-14.

Retirement for, under Career Compensation Act of 1949.
Discussed. Mar. '50, p. 15.

In time of war or national emergency, distinguished.
Mar. '50, p. 15.

Leave or liberty status when disability is incurred,
distinguished. Mar. '50, p. 15.

Must be proximate result of performance of active
duty, if person has less than 8 years of active
service. Mar. '50, p. 15.

DISBURSING OFFICERS:

May make advances in pay to officers ordered to air
commands for further assignment. Aug. '48, p. 9.
Method and legality of checking pay accounts to com-
pensate for embezzled funds discussed. Aug. '48, p. 8.
Presumptions of negligence or fraud in case of lost
funds under Act of 1919 contrasted to those under
Act of 1947. Mar. '48, pp. 6-7.

Procedure in obtaining relief for lost funds, discussed.
Mar. '48, p. 7.

Relief of, for lost funds, discussed under Acts of Con-
gress of 1919 and of 1947. Mar. '48, pp. 6-7.

DISCHARGES:

As a bar to courts-martial. Apr. '49, p. 12.
Effect of honorable discharge on past offenses. Feb. '48,
p. 16; Apr. 49, p. 12.

Legality of undesirable discharge based on conviction
later vacated by civil court. Jan. '48, p. 15.

As evidence. Aug. '48, p. 16 (see also Evidence).
In civil cases. Aug. '48, p. 16.
Value of. Aug. '48, pp. 13-14.

As determining type of offense. Dec. '47, p. 4; Aug. '48,
p. 9.

Civilian tribunals, cases before. Aug. '48, p. 15 (see
also Courts, Civil).

Conviction, set aside when based on clinical test alone.
Aug. '48, p. 15.

Defined, and elements of within the naval service, and
as a creature of Statute. Aug. '48, p. 14.
Degree of and gravity. Aug. '48, p. 15.

Mitigation of sentence in case of. Nov. '48, p. 12.
Navy Regulations, violation of. Sept. '48, pp. 8-11.
Not an excuse for crime, when voluntary. Dec. '47, p. 4;
Aug. '48, p. 9.

DUTY:

Culpable inefficiency in the performance of, conviction
for. Nov. '48, p. 11.

Neglect of.

Ability to perform must be shown as part of charge.
May '49, p. 12.

As a charge. May '49, p. 12.
Definition. May '49, p. 11.
Elements. May '49, p. 10.

Reopening case for introduction of new or omitted.
Aug. '48, p. 6.

Admissibility of evidence.

Affidavits. Mar. '49, p. 6 (see also Affidavits).
Clinical tests in accusations of drunkenness.

Blood tests. Aug. '48, p. 15.

Urine tests. Aug. '48, p. 15.

Confessions, voluntary. Oct. '48, p. 6; Aug. '50, p. 16.
Depositions. Mar. '49, p. 10.

Duty of court to determine. Aug. '48, p. 5.

Entries in service record or other books of record.
Dec. '48, p. 3; Jan. '49, p. 6.

Hearsay. Dec. '48, p. 3 (see also Evidence, Hear-
say).

Ledger books.
Statements.

(CMO digest.) Dec. '50, p. 2.

Counterstatement made by accused. Oct. '48,
p. 4.

Obtained from accused while under arrest. Aug.
'48, p. 15.

Procured by use of drugs. June '49, p. 15.
Supporting innocence. June '49, p. 15.

Statutes regulating. Dec. '48, p. 3.

Test of. Dec. '48, p. 4.

Testimony

Accused may be witness. Aug. '48, p. 3.
Accused need not take the stand to exonerate
himself. Aug. '48, p. 4.

As to drunkenness affecting intent. Aug. '48,
p. 9.

Of witnesses, general rule of. Nov. '49, p. 3.
Opinion, expert and non-expert. July '50, p. 7.
Opinions of witnesses.

Exceptions, experts. Nov. '48, p. 9.
Generally excluded. Nov. '48, p. 9.
Value of testimony of accused. Dec. '48, p. 14.

AUGUST 1947 THROUGH DECEMBER 1950

EVIDENCE-Continued

Admission of newly discovered. Aug. '48, p. 6.
Admissions.

Federal court rule. Dec. '49, p. 4.

Receivable when accused admits truth of accusation

by third party. Jan. '50, p. 3.

Silence of accused as. Jan. '50, pp. 2-6.

Affidavits (see Affidavits).

Analysis of that available, by recorder of summary court-
martial. May '50, p. 14.

Arrest or confinement as avidence of involuntary nature
of confession. Aug. '50, p. 17.
Best and secondary.

Admission of properly authenticated copies or tran-
scripts of records and documents. June '50, p. 3.
Effect when court admits findings of board of in-
vestigation over objections when original evidence
was not offered. Dec. '47, p. 16.

War crimes, Navy requires best evidence available.
Feb. '49, p. 15.

Books of Account

Original entry, common law rule. Dec. '48, p. 4;
Jan. '49, p. 16.

Shop book rule. Dec. '48, p. 4; Jan. '49, p. 16.
Service record entries. Dec. '48, p. 4; Jan. '49, 16-17.
Business entries. Dec. '48, p. 3; Jan. '49, p. 16, 17.
Burden of proof (see Proof).

Certification of a document by custodian, effect of.
Mar. '49, p. 3; Jan. '49, p. 18.
Character.

Admissibility of good character.

Absence of unfavorable remarks admissible.
Feb. '50, p. 10.

Discussed. Feb. '50, p. 9.

Must be confined to particular traits. Feb. '50,
p. 10.
Rebuttable after accused offers. Mar. '50, p. 13.
Bad reputation may not be offered by prosecu-
tion until defendant puts his good reputation
in issue. Feb. '50, p. 10.

Reputation and character, distinguished. Feb. '50,
p. 9.

Rules relating to introduction of. Feb. '50, pp. 9-11.
Circumstantial, discussed. Sept. '50, p. 2.
Conclusions of a witness excluded. Nov. '48, p. 6.
Conflict of evidence. Oct. '48, p. 6.

Corroborating.

Hearsay evidence not admissible as. Nov. '48, p. 12.
Secondary evidence not admissible as. Nov. '48, p. 12.
To sustain an extrajudicial confession; needed for
conviction. Nov. '48, p. 12.

Court or board members may elicit evidence by question-
ing. Aug. '48, p. 6.

Court to weigh evidence. July '50, p. 8.
Depositions.

Admissibility. Mar. '49, p. 10.

Requirements and propriety. Mar. 49, p. 10.

Under UCMJ may be used by prosecution in any case
not capital. Dec. '50, p. 8.

Use and limitations. Mar. 49, p. 10.
Use of under UCMJ. Dec. '50, p. 6.

Direct and circumstantial, explained. Sept. '50, p. 2.
Discussion of the varied amounts of evidence necessary
to overcome a presumption. Aug. '48, p. 11.
Distinguished from testimony and proof. Oct. '49, pp.
18-20.

Documents (see Documentary Evidence).

Errors in, sufficient to overturn findings. Apr. '50, p. 8.

9

EVIDENCE-Continued

Exhibits, tests for admissibility. Feb. '50, p. 4.
Extrajudicial confession of accomplice not made in
presence of the accused. Apr. '48, p. 5.

Failure to warn accused as evidence of involuntary nature
of confession. Aug. '50, p. 18.

Going forward with the evidence, burden of. Aug. '48,
p. 3.

Hearsay.

Admissibility and character of. Oct. 48, p. 4.
Exceptions to exclusion.

Service record entries. Dec. '48, p. 3.
Confessions. Aug. '50, p. 17.

Declarations made in presence of accused not
denied, may be admissible. Jan. '50, p. 3.
Shop book rule. Dec. '48, p. 3, p. 4.
Third party entries. Dec. '48, p. 3.
Inadmissibility. Nov. '48, p. 7; Oct. 48, p. 5.
Investigator's testimony of conversation with victim
not in presence of accused excluded. Sept. '49, p. 2.
To support admission. May '48, p. 12.
Illegality obtained or used.

Search and Seizure).

Oct. 48, p. 5 (see also

Impeachment evidence distinguished from substantive

evidence. July '48, p. 7.

Inanimate objects, adduced from. Aug. 48, p. 13.
Inference (see also Presumptions).

Based on circumstantial evidence. Sept. '50, p. 6.
Based on inferences. Sept. '50, p. 5.
Defined. Aug. '48, p. 9.

Investigator of offenses should safeguard. Feb. '50, p. 3.
Judge advocate called upon by the court to procure
evidence. Aug. '48, p. 6.

Lie detector tests as evidence. June '48, pp. 5-7.

Matter in aggravation as affected by plea of guilty or not
guilty. May '49, p. 9.

Misquoting, in argument. Aug. '49, p. 10.

Newly discovered.

As basis for new trial.
Reopening case for.

Obtaining of.

May '48, p. 12.

Aug. '48, p. 6.

Generally excluded. Nov. '48, p. 9.
Exception to exclusion.

Expert testimony. Nov. '48, p. 9; Nov. '49, p. 8.
Instantaneous conclusions. Nov. '49, p. 7.
Personal knowledge plus qualification. Nov. '49,
p. 7.

Expert and non-expert, defined. July '50, p. 7.
Original entry book. Dec. '48, p. 4.

Orders, proof of publication. Sept. '48, p. 9.

Possession of stolen property as. Aug. '48, p. 4; Sept.
'49, p. 2.

Prejudicial to rights of accused. Mar. '50, p. 14.
Preparation of, by prosecutor. Apr. '50, p. 11.
Preponderance of persuasive evidence required to rebut
a presumption. Aug. '48, p. 12.

Prolonged examination of accused as evidence of in-
voluntary nature of confession. Aug. '50, p. 20.
Promulgation of local orders must be proved by com-
petent evidence. Sept. '48, p. 9.

EVIDENCE-Continued

Proof beyond a reasonable doubt. Aug. '48, p. 11; Nov.
'48, p. 10.

Proof, burden of (see Proof).

Proof of culpable negligence. Dec. '47, p. 4.

Proof of unrelated, unlawful act does not establish
offense in question. Mar. '50, p. 12.

Proof of specific and general criminal intent. Dec. '47,
p. 3.

Public Records.

Authenticity, presumption of. Aug. '48, p. 12.
Proof of. Mar. '49, p. 2.

Quantum of evidence required in addition to extra-
judicial confession to support a conviction of theft.
Jan. '48, pp. 5-6.

Records.

How proof of nonexistence of an official record may
be introduced in evidence. Mar. '49, p. 3.
Public or aged, presumption of validity. Aug. '48,
p. 12.

Service record entries. Dec. '48, p. 3.

Reputation, how and when to use. Feb. '50, pp. 8-13.
(see also topics under Character, this heading.)
Required authentication of documents discussed. Mar.
'49, p. 3.

Self-defense. Mar. '50, p. 13.

Self-incrimination (see Self-Incrimination).

Service record entries. Dec. '48, p. 8; Jan. 49, p. 16.
Shop book rule. Dec. '48, p. 3.

Similar acts.

Admissible to prove motive. Mar. '50, p. 13.
May be offered by prosecution in first instance.
Mar. '50, p. 13.

Must be unlawful when committed. Mar. '50, p. 13.
Not to be confused with proof of character by gen-
eral reputation. Mar. '50, p. 13.

Specific trait must be same as one charged against
accused. Mar. '50, p. 13.

Specific intent is a necessary element of certain offenses
and must be proved. Dec. '47, pp. 3-4.
Statements (see Admissibility of Evidence).

Stolen property, possession of, as. Aug. '48, p. 4, p. 5.
Sufficiency of.

In general. Aug. '48, p. 6.

To establish proof of corpus delecti in theft. Jan.
48, pp. 4-6.

Testimony (see also Admissibility of Evidence).

Factual perceptions of witnesses, examples of. Nov.
'49, p. 5.

Opinions of witnesses.

Expression of. Nov. '49, pp. 5-8.
Illustrations. Nov. '49, pp. 6-7.

Test for identification of. Nov. '49, p. 6.

Threats as evidence of involuntary nature of confession.
Aug. '50, p. 19.

Total lack of, as vitiating court-martial jurisdiction.
Nov. '47, p. 7 (see also Jurisdiction).

Uncorroborated testimony of accomplice. Apr. '48, p. 5.
Use of trickery as evidence of involuntary nature of
confession. Aug. '50, p. 20.

Weighing of testimony.

Duties of members regarding. July '50, p. 2.
Willfulness not established by evidence that accused had
signed statement to effect that noncompliance to
orders would subject him to charge of willful dis-
obedience. Oct. '48, p. 6.

Wire tapping (see Federal Decisions).

EXAMINATION:

Blood test to determine drunkenness. Aug. '48, p. 15.
Prolonged examination of accused as evidence of in-
voluntary nature of confession. Aug. '50, p. 20.
Urine test to determine drunkenness. Aug. '48, p. 15.
EXAMINATION OF WITNESSES (see also Witnesses):
Method of. Nov. '48, pp. 6–10.