Circumstantial evidence, sufficiency Larc § 67.1 Confession, return of money and expression of remorse by ac- cused as constituting
Evid § 133.1 Contingent intent to return prop- erty to owner in future
Trial § 57.21 Corpus delicti, sufficiency of evi- dence of .......... Larc § 55.5 Custodian, misuse of funds by- see also Failure to account for funds, infra this topic return or intent to return prop- erty as reducing offense to wrongful appropriation- generally... Larc § 36.17
identical items taken, as es-
Failure to account for funds -Cont'd
evidence, sufficiency
instructions to court, sufficiency Larc § 15.11
nature of offense, generally
specification, sufficiency
False pretenses, see FALSE PRE-
Finding of guilty of wrongful ap- propriation as included offense of larceny as not inconsistent with acquittal of housebreaking charge involving intent to com- mit larceny Larc § 37.21 Hearsay evidence
Identity of stolen article- evidence, sufficiency
question by member of court to accused with respect to, in- struction to disregard as cur- ing error. Self-Incrim § 3.1 testimony of owner, weight
Improvident plea of guilty
Instructions to court- character as having no bearing on question of intent, instruc- tions as prejudicial error
character evidence, failure to in- struct on Trial § 57.21 criminal intent, failure to in- struct as to necessity of Larc § 36.3 failure to account for property, presumption of theft from Larc § 36.3
failure to render accounts
included offense of wrongful ap- propriation, failure to instruct as to Larc § 36.17 included offense of wrongful ap- propriation, sufficiency as to Larc § 36.17
Military property, see Loss, DAM- AGE, OR WRONGFUL DISPOSITION OF MILITARY PROPERTY Motor vehicles-
Dyer Act making transportation of stolen vehicle in interstate or foreign commerce an of- fense, as limited to vehicles taken with intent permanently to deprive owner or possessor of his property
Conduct, etc § 54.1 Offense charged under specific ar- ticle and Art 133, punishment Sent & Pun § 9.1
Ownership of property stolen- allegation as to, sufficiency
Larc § 31.5 evidence, sufficiency Larc § 61.1 exceptions and substitution as to Larc § 51.7 instructions on, sufficiency
mail, necessity of proving own-
custody, suffi-
Larc § 51.7 Larc § 51.7
Furlough orders, alteration of, see PASS
Pass, see PASS Terminal-
leave credit during
Mil Pers § 37.7 promotion during terminal leave as basis for advancement on retired list ... ... Retire § 5.9 Unused leave pay-
National Guard officer attend- ing service school
Mil Pers § 41.37 relief from active duty and ap- pointment in Regular Army for purpose of retirement, lump-sum payment of
Mil Pers § 41.5 statutory limit date for submit- ting claim, erroneous submis- sion of claim prior to expira- tion of, as sufficient notwith- standing death of claimant Mil Pers § 43.9
Defenses, evidence, sufficiency
Misbeh of Sen § 20.9
Instructing court to disregard evi- dence of accused's reason for Misbeh of Sen § 20.9
Leaving scene of accident
See MOTOR VEHICLES
Legal training of personnel Restrictions on
Schools & Ed § 25.36
Lesser included offenses As to particular offenses, see top- ics covering such offenses, such as ASSAULT; DESERTION, ETC Confession obtained upon errone- ous advice to accused of rights, cure of error in admitting by reduction of findings to lesser included offense clearly estab- lished by evidence aliunde the inadmissible statement
Evid § 133.1 Deposition, improper consideration in capital case, convening au- thority's approval of lesser of- fense as not curing. Depos § 9.1
Lesser included offenses-Cont'd Elements of, as necessary ele- ments of principal offense, limi- tation of rule as to
Mutiny § 11.5 Exceptions and substitutions set- ing up lesser included offense permissible .... Housebr § 23.11 Finding of, where accused pleaded guilty to principal offense
Burg § 21.1 Instructions as to, see INSTRUC- TIONS TO COURT Missing movement, general article
not applicable.. Miss Mov § 3.1 Motion for finding of not guilty as to principal offense, lesser of- fense to which accused pleaded guilty as not affected by grant- ing of Pleas § 5.1 Offense charged as used in Art 79 defined Assault § 9.1 Mutiny § 11.5
Lieutenant generals
New oath of office as not required on appointment to or appoint- ment as Officers § 15.3
See GOVERNMENT LIFE INSURANCE Light air section
Training flights, ordering enlisted members not in flying status to participate in ...... Acft § 33.1 Limitation of actions
See STATUTE OF LIMITATIONS
Line of duty and misconduct Absence without leave-
as interfering with military duty LOD § 23.3 Alcohol, see Intoxication, infra this topic
Attempt to desert service, death resulting from LOD § 29.11
Civilian employment, injuries re- ceived in LOD § 15.3 Criminal proceedings, question not determined by ..... LOD § 41.5 Determination correctable by Sec- retary of the Army. LOD § 35.1 Determinations as part of Army records and for use of Army LOD § 35.1
Letters of censure, reprimand, cau-
Grenades, experimenting with
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