Approval by convening authority
of consummated offense on find- ing of attempt .... Burg § 21.1 Attempted housebreaking as lesser included offense Burg § 21.1 Authorization to enter, intent to commit crime does not negative Housebr § 15.21 Barracks, unlawfulness of entry in Housebr§ 3.5 Breaking as unnecessary Conduct, etc § 59.9 Elements of, proof required of each .... Housebr § 15.21
Instructions to court- proof subparagraph of par 209, MCM, 1951, stating elements of the offense as set forth in Housebr § 20.3 Participation in offense, sufficiency of evidence.... Housebr § 15.21 Tent-
as building or structure
Conduct, etc § 59.9 unlawfulness of entry into Housebr§ 15.1
Unlawfulness of entry- as essential element
Housebr § 3.5 Housebr § 15.21
Offenses against or injuries to spouse, testimonial privilege not applicable to ..... Witn § 39.11 Officer's husband, as dependent Pay § 79.7
Physician, inadmissibility of state- ments made by spouse to
Quarters allowances, see PAY AND ALLOWANCES
Testimonial competency or privi- lege, see WITNESSES Transportation of wife in her own right... Transp § 47.1
Mental disorders at time of trial arising out of hysteria, right to dismissal of prosecution on Defenses § 35.15
Identity and identification
Certificate of identity based on fingerprint comparison, admis- sibility Evid § 285.5
testimony of person who took fingerprints as not necessary foundation for admissibility Evid § 285.5 Deponent not named Depos § 3.1 Extrajudicial identification, ad- missibility to corroborate judi- cial identification. Evid § 119.1 Police line-up, requiring presence of accused in
Self-Incrim § 9.27 Rape victim, pretrial identification by witness, admissibility
Rape § 49.17 Stolen property, weight of testi- mony of owner ... Larc § 63.1 Voice identification, requiring ac- cused to utter words for purpose of Self-Incrim § 9.27
Illegitimate children
As dependents .... False Cl § 21.5
Ill fame, house of
See HOUSE OF PROSTITUTION
Absence without leave, failure to instruct on issue of illness as de- fense on charge of
Instructions to court
As to particular offenses, see top- ics covering such offenses, such as ASSAULT; HOMICIDE; ETC Accessory after the fact not a lesser included offense of the substantive offense charged Trial § 85.1 Additional instructions or clarifi- cation-
after disclosure to law officer in closed session of erroneous finding of guilty as accessory after the fact Trial § 85.1 duty to give specific additional instructions already covered by general instructions Trial § 51.17 error in instruction requested by defense, waiver
Conduct, etc § 25.7
failure to give on request of de- fense Trial § 56.9
failure to object to instructions or to request additional in- structions or clarification
Assault § 68.12 Conduct, etc § 37.13
Conduct, etc § 59.13
Defenses § 35.9 Disobed§ 51.1 False Cl§ 28.3 Forg § 35.13 Homic § 82.3 Homic § 82.15
Larc § 36.9
Mtr Veh § 56.3 Sent & Pun § 3.5
Sodomy § 20.7 Trial § 57.6
War & Def § 77.11
running away in presence of the War & Def § 77.14
enemy unnatural carnal copulation
Sodomy § 20.3 Depositions in case involving both capital and non-capital offenses, failure to instruct as to
Depos § 9.1 Direction of finding of guilty upon
plea of guilty not proper Trial § 57.11
Elements of offense-
as to particular offenses, see top- ics covering such offenses additional instructions or clarifi- cation, supra this topic approval of included offense as curing error, see Lesser in- cluded offenses, infra this topic. comment by law officer indicat- ing intent to desert had been proven Des § 38.5
Instructions to court-Cont'd Elements of offense-Cont'd defining terms, supra this topic failure to instruct on
Disobed § 35.3 Pris § 28.4
failure to object as not curing failure to instruct on essential element False C1 § 28.3 failure to object to erroneous instructions as not waiver, in view of cumulative error
Homic § 82.3 failure to particularize specifica- tions referred to, where more than one offense is charged Trial § 55.3
lesser included offenses, infra this topic
material fact, instruction assum- ing proof of .... Trial § 57.3 "proof" subparagraphs of Manu- al, adequacy of instructions following. ... Trial § 55.3 reference to article violated, suf- ficiency Disobed § 27.1 reference to Manual, sufficiency Homic § 82.3
reference to Manual in addition to adequate instructions
stipulation of fact as curing failure to instruct on
Rob § 48.3 sufficiency, generally Larc § 36.9 using Code definition of offense committed prior to Code
Des § 38.1 Evidence, instruction to disre- gard-
as curing improper admission of evidence, generally
Self-Incrim § 3.1 presumption court complied with Trial § 71.7
stolen article, question by mem- ber of court to accused with respect to identity of
Self-Incrim § 3.1 Exculpatory statement as raising issue requiring.. Homic § 82.11 Guilt of accused, instruction re- moving issue from court
Forg § 35.15 Hearsay evidence, instruction to disregard as not curing error in admission of ..... Witn § 121.1
Instructions to court-Cont'd
Illness of accused as defense to absence without leave, failure to instruct on issue
AWOL § 20.15 Impeaching testimony, instruction as to limited purpose of, failure to request.... Witn § 101.1 Inferences, see Presumptions and inferences, infra this topic Insanity of accused, see MENTAL RESPONSIBILITY OF ACCUSED Intoxication, instructing court as to effect of .. Assault § 68.12 Conduct, etc § 53.13 Disrespect § 20.3 Homic § 82.11 Larc § 36.17 Rob § 48.11
alcoholic amnesia.. Trial § 57.9 failure to instruct as harmless
error as to offenses not involv- ing specific intent, and where intoxication was not relied on as a defense below
failure to request instruction
judicial admissions by accused as çuring failure to instruct as to effect of Rob § 48.3 Jurisdictional questions, failure to instruct court on, as proper Crt-M § 49.1
Law of case, instructing on- on motion for acquittal
Law officer's statement of grounds
for refusal of, as prejudicially limiting effect of evidence
Lesser included offenses- as to particular offenses, see top- ics covering such offenses affirmation of finding of guilty as to, on erroneous instruc- tions as to principal offense Assault § 68.9 Assault § 68.12 Conduct, etc § 53.13 Des § 38.11 Disobed § 35.3 Homic §§ 11.1, 82.3, 82.9 Trial §§ 31.3, 35.13 War & Def § 77.14
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