The JAG JournalOffice of the Judge Advocate General, Department of the Navy, 1947 |
From inside the book
Results 1-5 of 93
Page 11
... intent of Congress to exclude the activities of any employee of the Gov- ernment from its coverage except by specific mention . 11 The following 8 District Court hold- ings will prove of interest , and should be read in their entirety ...
... intent of Congress to exclude the activities of any employee of the Gov- ernment from its coverage except by specific mention . 11 The following 8 District Court hold- ings will prove of interest , and should be read in their entirety ...
Page 3
... intent required in the several classes of offenses , and to com- ment briefly on some of the defenses rela- tive to criminal intent . No attempt will be made to set forth with mathematical certain- ty the degree of criminal intent ...
... intent required in the several classes of offenses , and to com- ment briefly on some of the defenses rela- tive to criminal intent . No attempt will be made to set forth with mathematical certain- ty the degree of criminal intent ...
Page 4
... intent may be inferred from negligence . It is elementary in the law that every man intends the necessary and natural or probable consequences of his act , even though the act standing alone may not constitute a crime , and that malice ...
... intent may be inferred from negligence . It is elementary in the law that every man intends the necessary and natural or probable consequences of his act , even though the act standing alone may not constitute a crime , and that malice ...
Page 4
... intent , or that it had been recently stolen from the owner , should have been adduced by the prosecution in order to establish the corpus delicti of theft . ( d ) CMO 2 , 1937 , 2 , 3. Charge : THEFT . Evidence : 1. Accused was ...
... intent , or that it had been recently stolen from the owner , should have been adduced by the prosecution in order to establish the corpus delicti of theft . ( d ) CMO 2 , 1937 , 2 , 3. Charge : THEFT . Evidence : 1. Accused was ...
Page 13
... intent or purpose of the delivery and the consent on the part of the one making the delivery ( People v . Epstein , ( N. Y. ) , 157 N. E. 121 and Burdick , Law of Crimes , sec . 325 ) . Embezzlement has two elements , a breach of trust ...
... intent or purpose of the delivery and the consent on the part of the one making the delivery ( People v . Epstein , ( N. Y. ) , 157 N. E. 121 and Burdick , Law of Crimes , sec . 325 ) . Embezzlement has two elements , a breach of trust ...
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Common terms and phrases
accused accused's action active duty administration admissible alleged amended apply approved arrest Attorney BuPers Capt charges and specifications civilian Code Comdr commanding officer committed conduct confession Congress convening authority conviction corpus delicti Court Martial Orders court-martial Courts and Boards crime criminal defense counsel disability enlisted evidence fact Federal Government guilty habeas corpus held investigation involved issue JAG JOURNAL JOURNAL Judge Advocate jurisdiction jury lawyers Lcdr Ledr Legal Assistance lesser included offense limited line of duty Marine Corps matter ment military Naval Courts Naval Justice naval law naval personnel Naval Reserve naval service Navy Department NC&B nolle prosequi offense opinion person present procedure proceedings prosecution Public Law punishment question reason record regulations Reserve Law retired rule Secretary sentence statement statute testify testimony tion Tort trial United USNR vessel War Crimes witness
Popular passages
Page 10 - ... or with knowledge of its invalidity, to cite as authority a decision that has been overruled, or a statute that has been repealed; or in argument to assert as a fact that which has not been proved...
Page 4 - In any court of the United States and in any court established by Act of Congress, any writing or record, whether in the form of an entry in a book or otherwise...
Page 4 - States, sitting without a jury, shall have exclusive jurisdiction to hear, determine, and render judgment on any claim against the United States, for money only, accruing on and after January 1, 1945, on account of damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government...
Page 4 - A steam vessel hearing, apparently forward of her beam, the fog signal of a vessel, the position of which is not ascertained shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over.
Page 3 - Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.
Page 4 - ... forces of the United States, and persons acting on behalf of a Federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation. (c) "Acting within the scope of his office or employment...
Page 17 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
Page 6 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid...
Page 5 - Subject to the provisions of this title, the United States shall be liable in respect of such claims to the same claimants, in the same manner, and to the same extent as a private individual under like circumstances, except that the United States shall not be liable for interest prior to judgment, or for punitive damages.
Page 4 - Subject to the provisions of this title relating to civil actions on tort claims against the United States, any such award or determination shall be final and conclusive on all officers of the government, except when procured by means of fraud.