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Presumptions and inferences-Cont'd
Marihuana, possession presumed
to be wrongful

Conduct, etc § 47.13
Misconduct, presumption that
death or disability not result of

LOD § 35.1

Official duties, performance of
Crt-M § 43.5

Official records, regularity

Evid § 275.1
Evid § 275.7

"PNFD AWOL", surplusage in
morning report entry

Evid § 275.1

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

Pretrial investigation

Larc § 31.7

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

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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

Pretrial statement

See CONFESSIONS AND ADMISSIONS

Previous convictions

See also OTHER OFFENSES
Consideration in fixing punish-
ment, see SENTENCE AND PUN-

ISHMENT

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

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knowledge as

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

Rape § 38.21

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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-

Rape § 38.1

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Records and reports

Aircraft flight report, see AIR-

CRAFT AND AVIATION

As evidence, see EVIDENCE
Authentication, see AUTHENTICA-

TION

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-

PORTS

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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