Presumptions and inferences-Cont'd Marihuana, possession presumed to be wrongful
Conduct, etc § 47.13 Misconduct, presumption that death or disability not result of
Official duties, performance of Crt-M § 43.5
Official records, regularity
Evid § 275.1 Evid § 275.7
"PNFD AWOL", surplusage in morning report entry
Possession of stolen property, see LARCENY Previous convictions, short time since forwarding record of trial of, as showing lack of finality Sent & Pun § 4.7 Prior involuntary confession, pre- sumption of continuance of im- proper influence from
Evid § 129.1 Private communications between member of court and witness or third person, presumption of prejudice from, as rebuttable
Trial § 27.1 Public business, presumption of regularity in conduct of
Evid § 275.1 Sanity, see MENTAL RESPONSI- BILITY OF ACCUSED Service record, presumption of reg- ularity
Evid § 277.1 Disobed § 51.1 Signature of state official, pre- sumption of genuineness
Evid § 255.3 Special court-martial, no presump- tion in favor of jurisdiction of Crt-M § 43.5 Value inferred from nature and description of property
Accuser as investigating officer Chg & Spec § 43.3 Assistant defense counsel as in- vestigating officer Crt-M § 27.3 Assistant trial counsel, participa- tion in pretrial investigation as defense counsel.. Crt-M § 25.3
Chg & Spec § 41.1 Failure to object to insufficiency of, waiver .. Chg & Spec § 41.1 Member of court who certified en- tries in service record as in- vestigating officer Crt-M § 11.9 Personal investigation by accuser as not necessary
Chg & Spec § 5.1 Record of trial, fact that no for- mal investigation was had should appear in .. Crt-M § 25.3 Staff judge advocate's participa- tion in, as affecting review of record Review § 25.1 Strict rules of evidence not ap- plicable to .. Chg & Spec § 41.1 Testimony at, as testimony at for- mer trial Evid § 165.6 Trial counsel as not "investigating officer" by virtue of signing and swearing to charges as accuser Crt-M § 25.3
See CONFESSIONS AND ADMISSIONS
Previous convictions
See also OTHER OFFENSES Consideration in fixing punish- ment, see SENTENCE AND PUN-
Desertion, admissibility at trial for Des § 49.7
Principal and agent See AGENCY
Prior participation in case See also CHALLENGES Defense counsel, see DEFENSE COUNSEL
Rape § 35.3 Emission as not element of offense Rape § 38.15
Findings- finding of not guilty of alleged rape but guilty of indecent as- sault by sexual intercourse, effect of inconsistency of Rape § 39.31 Homicide committed during com- mission of, see HOMICIDE Included offenses, sufficiency of ev- idence to require instructions on Rape § 38.15
Indecent assault as included of- fense Rape § 9.5 Indecent liberties with child as in-
cluded offense ... Rape § 9.11 Insane or feebleminded person, capacity to consent to act
lack of bruises on victim, effect Rape § 59.37
sufficiency of evidence
Rape § 59.3 Mitigation, accused testifying as to matters of, exclusion of tes- timony on merits
Sent & Pun § 3.11 Participation in ..... Rape § 38.3 Penetration as completing offense Rape § 38.15 Pretrial identification of prosecu- trix by witness, admissibility Rape § 49.17 Prior acts of intercourse between female and accused, admissibil- ity of evidence as to
Conduct, etc § 33.7 Reduction of findings upon one of two specifications to lesser in- cluded noncapital offense by board of review, effect of
Sent & Pun § 8.5 Segregation of witnesses, denial of defense request for . Witn § 1.21 Submission as not necessarily con- sent ....
Testimony of victim-
Records and reports
Aircraft flight report, see AIR-
CRAFT AND AVIATION
As evidence, see EVIDENCE Authentication, see AUTHENTICA-
Birth certificates, admissibility of Fraud Enl, etc § 23.11
Correction of records-
see also CORRECTION BOARDS desertion charge, removal of en- try of, delegation of authority Des § 1.57 disability retired pay, corrected records as basis for
Records § 16.9 officer's honorable discharge, ad- ministrative change to show true nature as general dis- charge... ... Officers § 159.1 re-enlistment, date of
EM § 33.1 retired list advancements based on terminal leave promotions Retire § 5.9 World War I adjusted compen- sation, correction to show timely application for
Records § 16.1 Decorations, award where record to support fact of original rec- ommendation had been made and lost Records § 16.15 Morning reports, see MORNING RE-
Presumption of regularity
Evid §§ 275.7, 277.1 Record of determination as offi- cial record
False Off Statmt § 17.1 Self-incriminating report, refusal to render .... Self-Incrim § 6.1 Service records, see SERVICE REC- ORDS
Survey, report of, see REPORT OF SURVEY
Recreational facilities
Admissions tax, applicability of Posts, etc § 19.11
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