Court-martial Reports of the Judge Advocate General of the Air Force: Holdings and Opinions of the Judge Advocate General, Judicial Council and Boards of Review, Volumen3
Lawyers Co-operative Publishing Company, 1950
Vol. 4 contains cumulative table of cases reported and citator.
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absence accused accused's action Air Force Base aircraft alleged appears approved Army Article of War asked authority bank Board of Review Captain Charge Citing claim commanding committed conduct considered copy counsel Court court-martial cused December defense directing discharge duty established evidence execution extract fact false Field findings of guilty flight flying Form Group hard labor Headnote Headquarters held holding included indicated intent January Judge Advocate Judicial July law member leave legally sufficient Lieutenant Major March ment military months objection October offense officer Operations opinion period person pilot present Private proof Pros prosecution question reasonable received record of trial returned reviewing authority sentence Sergeant Specification Squadron statement submitted sufficient sufficient to support testified testimony thereof tion true United violation witness
Página 190 - The true test of the sufficiency of an indictment is not whether it could have been made more definite and certain, but whether it contains the elements of the offense intended to be charged, "and sufficiently apprises the defendant of what he must be prepared to meet, and, in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction.
Página 321 - Guard, who is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State...
Página 433 - The essence of a provision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the court but that it shall not be used at all. Of course this does not mean that the facts thus obtained become sacred and inaccessible. If knowledge of them is gained from an independent source they may be proved like any others, but the knowledge gained by the Government's own wrong cannot be used by it in the way proposed.
Página 482 - You, AB, do swear, that you will not disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in due course of law ; nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same. So help you God.
Página 317 - ... intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States...
Página 353 - These powers ought to exist without limitation ; because it is impossible to foresee or define the extent and variety of national exigencies, or the correspondent extent and variety of the means which may be necessary to satisfy them.
Página 432 - The President may, by regulations, which he may modify from time to time, prescribe the procedure, including modes of proof, in cases before courts-martial, courts of inquiry, military commissions, and other military tribunals...
Página 480 - State; or shall be a person who is a member of the bar of a Federal court or of the highest court of a State...
Página 351 - Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.