INDEX

Absence:

From station and duty without authority: proper charge is
"Conduct to the prejudice of good order and discipline"
when accused is not absent from naval jurisdiction_____
Unauthorized:

Failure to prove absence from naval jurisdiction or
from station and duty. --

Proof by documentary evidence: proof of disposition
of original orders as foundation for introduction of
copy not authenticated__---

Separate and distinct offense requiring separate proof
from proof of failure to obey a specific order______
Service records as proof: admissibility where witnesses
available___

Accessories:

Page

321

321

291

304

305

In abeyance during period of probation: effect of termina-
tion of period of probation on subsequent revocation of
probation for misconduct...

318

Remission of corresponding: should be remitted when
sentence involving confinement is mitigated by remitting
period of confinement...

321

Accused:

As witness: testimony of accused regarding receipt of
orders, proof of unauthorized absence by...

291

Confinement. (See Confinement.)

Convictions. (See Convictions.)

Service records. (See Service records.)

Assault:

And battery: striking a civilian: limitation of punishment
for single offense of..

294

Automobiles:

Unauthorized use of an automobile of another: extended
use of auto taken with owner's consent: no violation___

303

Charges and specifications:

Depositions used in proof of. (See Depositions: Proof.)
Specifications:

Defective:

No offense alleged:

Page

"Culpable inefficiency in the performance of
duty" involving the care of money...
Entering a house of prostitution: not a viola-

311

tion of a General Order issued by the
Secretary of the Navy----

294

No violation: extended use of auto taken with
owner's consent-----

303

Not cured by plea of guilty: must allege fraudulent
making or alteration of a writing to the prejudice
of another man's right: specification under
charge of "forgery" in connection with a request
for money by telegram.......

Laid under wrong charge:

"Disobeying the lawful order of his superior

officer" rather than "Conduct to the prejudice
of good order and discipline"--

"Violation of a lawful General Order issued by the
Secretary of the Navy" rather than "Conduct
to the prejudice of good order and discipline"
(violation of local order): entering house of
prostitution___--

Violation of lawful order: publication not proved...

Conduct to the prejudice of good order and discipline:

Assault and battery: striking a civilian: limitation of

punishment for single offense_-_

Disobedience of an order to be obeyed in the future.........
Entering a house of prostitution: to be preferred as a
violation of a local order rather than "Violation of a lawful
General Order issued by the Secretary of the Navy"...
Legal merger: elements of one offense included in but less
than elements of greater offense: same evidence proving
elements of lesser and greater offense: "Improper wearing
of a uniform" and "Unlawful striking of another person
in the Navy" lesser included offenses under "Attempt to
break arrest".
Lesser included offense under "Unauthorized absence"
where accused is not absent from naval jurisdiction.....
Violation of lawful order: publication to the accused,
proof of......

292

304

294

298

294

304

294

295

321

298

Conduct to the prejudice of good order and discipline—Con. Violation of local order: entering a house of prostitution to be preferred as, rather than "Violation of a lawful General Order issued by the Secretary of the Navy"---Violation of local statute: lesser included offense under "Scandalous conduct tending to the destruction of good morals”.

Confessions:

Page

294

320

Involuntary: undue influence producing written confession:
oral statement in same transaction not shown to be free
of undue influence, admissibility of...

312

Confinement:

Limitation of one year, for all specifications collectively
into which depositions enter...

297

Remission of corresponding accessories when period of
confinement is remitted....

321

Remission of sentence during period of probation: effect of

termination of period of probation on subsequent revoca-
tion of probation for misconduct__

318

Convening authority of courts martial:

Sentence: remission of sentence during period of probation:
effect of termination of period of probation on subsequent
revocation of probation for misconduct...

Convictions:

Depositions used to obtain, on several specifications: limita-
tion on confinement__

Criticism of courts martial:

Failure of prosecution to prove unauthorized absence from
station and duty: court should not find accused guilty of
"Desertion in time of war" nor any lesser included
offense thereof.

Culpable inefficiency in the performance of duty:

Specifications failing to state an offense: accused alleged to have permitted money "to pass from his custody without proper authority”_

Depositions:

Limitation of confinement for one year: applies to all specifications collectively into which depositions enter..

318

297

321

311

297

Desertion:

Service records as proof: admissibility, where witnesses available...

305

Desertion in time of war:

Lesser included offense:

"Conduct to the prejudice of good order and discipline"
when accused is absent from station and duty with-
out authority but not absent from naval juridiction.
"Unauthorized absence"-

Disobeying the lawful order of his superior officer:
Order to be obeyed in the future: "Conduct to the prejudice
of good order and discipline" the proper charge----
Documentary evidence:

Authentication of Navy pay rolls, required: inadmissible as
hearsay evidence in absence of............
Depositions. (See Depositions.)

Page

321

321

304

321

Proof of unauthorized absence: admissibility of copy of
written orders not authenticated under official seal____
Personnel accounting card: assignment of accused to specific
duty: no proof that accused had knowledge of assign-
ment...

291

321

Service records as evidence of "Desertion": witnesses avail-
able..

305

Duty:

Station and duty, absence from. (See Absence: From
station and duty.)

Evidence:

Admissibility of physical evidence obtained thru illegal
search and seizure...

298

Confessions. (See Confessions.)

Documentary. (See Documentary evidence.)

Hearsay. (See Hearsay evidence.)

Prima facie. (See Prima facie case.)

Proof of single act: violation of two distinct statutory
provisions: legal merger...---

320

Same evidence proving elements of lesser and greater
offense....

295

Service records. (See Service records.)

Violation of lawful order: publication to the accused, proof
of______

298

Executing a fraud in violation of Article 22 of the Articles for the
Government of the Navy:

As provided in Sec. 102, N. C. & B.: specification failing to
state an offense..

292