Instructions to court-Cont'd desertion with intent to remain
absent permanently as not included in desertion with in- tent to shirk important serv- ice, adequacy of instruction as to ..... ... Des § 38.5 inference arising from failure to comply with competent orders, instructing court on Des § 38.7
inference of knowledge of pend- ing overseas shipment from circumstantial evidence, in- structing as to.. Des § 38.7 intent, instruction assuming proof of Trial § 57.3 intent to return ... Des § 38 law officer's statement of grounds for refusal of, as prejudicially limiting effect of evidence .. Trial § 31.3
lesser included offense- desertion with intent to re- main absent permanently as not included in deser- tion with intent to shirk important service, ade- quacy of instruction
judicial confession, effect
prolonged absence as raising
inference of intent, instruct- ing on Des § 38.5 prolonged absence as showing accused should have known of impending overseas shipment, instructing on ... Des § 38.7 surrender as defense, instruct- ing court on Des § 38.15 using UCMJ definition of deser- tion as to offense committed prior to Code ... Des § 38.1 Intent to avoid hazardous duty or shirk important service— absence without leave as only
Desertion-Cont'd
Intent to avoid hazardous duty or shirk important service
confession, necessity of corrobo- ration Des § 63.1 depositions as to other non-capi- tal offense, use where offense capital Depos § 9.1
desertion with intent to remain
absent permanently as not in- cluded in Des § 38.5 evidence, sufficiency. Des § 63.1 assignment to personnel cer-
ter for overseas shipment and absence without leave therefrom...... Des § 38.5 knowledge of orders to impor- tant service .... Des § 63.1 Evid § 315.1 unconsciousness (sleep) of ac- cused at time he was in- formed of hazardous duty Des § 63.1 hazardous duty, what consti- tutes, generally ... Des § 31.5 important service, what consti- tutes, generally ... Des § 63.1 included offense of absence with- out leave, evidence, sufficiency Des § 63.1 instructions to court, supra this topic knowledge of orders to impor- tant service, acknowledgment of orders purportedly signed by accused without proof ac- cused signed such acknowledg- ment inadmissible to show Evid § 315.1 knowledge of pending overseas' assignment-
actual knowledge as necessary Des § 38.7
basic training, absence with in- tent to prevent completion of Des § 31.5
combat duty as hazardous Des § 63.1
from failure to
with competent
orders, instructing as to
knowledge of pending overseas' shipment, as question of fact Des § 63.1
Intent to avoid hazardous duty or shirk important service -Cont'd
multiplication in charging also
as with intent to remain ab- sent permanently. Des § 31.3 particular shipment, desertion
following month with intent to avoid .... Des §§ 31.5, 63.1 place of apprehension as evi- dence of Des § 63.1 platoon listening post as hazard- ous duty Des § 63.1 replacement draft, duty with Des §§ 31.5, 63.1 specifications, sufficiency
Des § 63.1 theft of automobile as evidence Des § 63.1
of Intent to remain away perma-
contingent intent to return, supra this topic
desertion with intent to shirk important service as not in- cluding Des § 38.5 evidence, sufficiency Des §§ 61.1, 61.3 illness or injury as defense
Des § 35.11 general instructions as not curing Des § 38.5 instructions, supra this topic multiplication in charging also as with intent to avoid hazard- ous duty and with intent to shirk important service
prolonged period of absence as raising inference
Des §§ 61.3, 61.5 civil authorities, period of de- tention by, not to be includ- ed Des § 38.5
satisfactory explanation by ac- cused of intent to return
Des § 61.5 statement of court as to favor- able impression made by ac- cused on witness as not incon- sistent with finding of guilty Des § 61.1 unexplained appearance in Unit- ed States after absence in Korea Des § 61.1
desertion with intent to remain absent permanently as not in- cluded in desertion with intent to shirk important service Des § 38.5 instructions to court, supra this topic
Line of duty, death resulting from attempt to desert not incurred in LOD § 29.11 Morning report entries as evidence, see MORNING REPORTS Naval deserter, escape from Air Force confinement, as second naval desertion Des § 13 Plea of guilty, refusal of law officer and court to accept Des § 35.4 Plea of guilty to absence without leave, desertion charge not sup- ported by . . . . . . Previous convictions, admissibility Des § 49.7
Desertion-Cont'd Records, removal of entry of de- sertion from, delegation of au- thority Des § 1.57 Relief from desertion charge on basis of honorable service dur- ing World War I .... Des § 1.57 Report of delivery or apprehen- sion of deserter, admissibility Evid § 315.5 Report of deserters and absentees, admissibility of entry as to ter- mination of absence by appre- hension Evid § 275.7 Service record entry, admissibility Evid §§ 275.1, 277.3 entry as to termination by ap- prehension, admissibility Evid § 275.7
Service record entry reflecting, correction to reflect honorable discharge in view of honorable service during World War I Des § 1.57
Statute of limitations- failure to instruct that statute may be waived.. Trial § 57.6 instruction that included offense
was barred by Trial § 57.6 Korean conflict, offense commit- ted during as "wartime" de- sertion Des § 35.5 Des § 35.5
by Philippine independence Trial § 57.6
after expiration of enlistment
Des § 65.7 return to other branch of serv- ice Des § 13 service record entry based on events at other command, ad- missibility ...... Evid § 275.7 "terminated otherwise," as meaning "terminated by sur- render" ... Des § 67.5 Termination by apprehension- civil authorities, apprehension by Des § 67.5
determination of question Des § 67.5 evidence, sufficiency. Des § 67.5 increased punishment, prerequi- Des § 67.5
sites prior larcenies as evidence of Des § 49.7
« SebelumnyaLanjutkan » |