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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

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Husband and wife-Cont'd

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

Witn § 39.11

Quarters allowances, see PAY AND
ALLOWANCES

Testimonial competency or privi-
lege, see WITNESSES
Transportation of wife in her own
right...
Transp § 47.1

Hysteria

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

Illness

Absence without leave, failure to
instruct on issue of illness as de-
fense on charge of

AWOL § 20.15

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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

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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

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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

Trial § 55.1

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

Trial § 57.5

failure to request instruction

Trial § 57.5

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

Trial § 57.1

Law officer's statement of grounds

for refusal of, as prejudicially
limiting effect of evidence

Trial § 31.3

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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