THIS book has been prepared to meet the existing necessity at the United States Military Academy for a text-book which would give a clear and thorough outline of the science of military law, including all recent changes and developments, and yet be contained within such brief compass as to be adapted for use in the instruction of Cadets within the limited period assigned to the study of the subject. The work also aims to deal with the general procedure of courts-martial and to set forth that procedure and existing military laws in such a manner as to make a text of practical use to the service at large. The author wishes to acknowledge the constant and valuable assistance received from the Assistant Professor and Instructors in the Department of Law at the Military Academy, who, during the past year, have given instruction in the text as tentatively prepared and have made suggestions and criticisms which have resulted in a clearer ind better presentation of the subject matter and the limination of some errors. These officers are: Captain J. K. Moore, 15th U. S. infantry, Assistant Professor; First Lieutenants Irvin . Hunt, 19th Infantry; Halsey E. Yates, 5th Infantry; Edwin G. Davis and Edward Canfield, Jr., Artillery Corps. It is desired to include in this acknowledgment the assistance in revision and correction of the work received from First Lieutenant S. T. Ansell, 11th Infantry, since detailed as an Instructor in the Department. The author is greatly indebted to General George B. Davis, Judge-Advocate-General United States Army, for his encouragement and advice, and to the text of his more extensive work on Military Law, from which authority many quotations have been made; also, for an examination and review of this work, to General J. W. Clous, Judge-Advocate-General United States Army, retired, whose long experience in the service, and as Professor of Law at the United States Military Academy from 1890 to 1895, gives especial value to his criticism and suggestions. WEST POINT, N. Y., December, 1906. CONTENTS CHAPTER I PAGE JURISDICTION OF COURTS-MARTIAL. GENERAL COURTS-MARTIAL. Territorial Jurisdiction; Jurisdiction over Persons and Offenses; Jurisdiction over Persons after Expiration of Service; Contempts. ... ARREST OF PERSONS IN MILITARY SERVICE BY CIVIL AUTHORITIES. Service of Process on Military Reservations, over which Jurisdiction has not been Ceded; Where Jurisdiction has been ARRAIGNMENT; PLEAS. Nolle Prosequi. CHAPTER XX SENTENCE AND PUNISHMENT. Sentence to Penitentiary; to Mili- PAGE EVIDENCE. Rules of Evidence Applied by Courts-martial; |