A Compilation of the Messages and Papers of the Presidents eBook

This eBook from the Gutenberg Project consists of approximately 622 pages of information about A Compilation of the Messages and Papers of the Presidents.

A Compilation of the Messages and Papers of the Presidents eBook

This eBook from the Gutenberg Project consists of approximately 622 pages of information about A Compilation of the Messages and Papers of the Presidents.

Disrespect or affront to Two month’s confinement at hard labor
a sentinel and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.

Resisting or disobeying sentinel Six months’ confinement at hard labor
in lawful execution of his duty and forfeiture of $10 per month for
the same period; for noncommissioned
officer, reduction in addition
thereto.

Lewd or indecent exposure of Three month’s confinement at hard
person labor and forfeiture of $10 per
month for the same period; for
noncommissioned officer, reduction
in addition thereto.

[Footnote 19:  In addition to the stoppages “sufficient for repairing the loss or damage,” which the law requires the court-martial to adjudge.  The court’s action under this requirement in the case of sale or loss through neglect of clothing shall be limited to a confirmation of the charge made against the offender on his clothing account.]

[Footnote 20:  In specifications to charges of larceny or embezzlement the value of the property shall be stated.]

III. (1) When a soldier shall be found guilty of an offense cognizable when committed for the first time by an inferior court-martial, his punishment therefor may exceed the prescribed limit by one-half if it shall appear that during his current enlistment and within two years preceding his trial he has been once convicted of one offense or more; it may be doubled if he has been twice so convicted, and it may be increased by one-half of the prescribed limit for every such previous conviction:  Provided, That upon proof of five or more previous convictions the punishment may be that authorized for a fifth conviction, or dishonorable discharge with forfeiture of all pay and allowances.  When found guilty of an offense cognizable only by a general court-martial, and on proof of five or more previous convictions within the two years, dishonorable discharge with forfeiture of all pay and allowances may be added to any confinement at hard labor.  And when a noncommissioned officer shall be found guilty of an offense not punishable by reduction, reduction may be added to the punishment if it shall appear that he has been convicted of a military offense within one year and during his current enlistment.

(2) After arriving at the findings a court-martial may be opened to receive evidence of previous convictions.  These convictions must be proved by the records of previous trials or by duly authenticated orders promulgating the same, showing the actual offenses of which the soldier was convicted, except in the cases of convictions by summary court, when a duly authenticated copy of the record of said court shall be deemed sufficient proof.  Charges forwarded to the authority ordering a general court-martial or submitted to a summary garrison or regimental court must be accompanied by the proper evidence of such previous convictions as may have to be considered in determining upon a sentence.  Paragraphs 1017 and 1018 of the Regulations are superseded by this order.

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A Compilation of the Messages and Papers of the Presidents from Project Gutenberg. Public domain.