INDEX Absence: From station and duty without authority: proper charge is Failure to prove absence from naval jurisdiction or Proof by documentary evidence: proof of disposition Separate and distinct offense requiring separate proof Accessories: Page 321 321 291 304 305 In abeyance during period of probation: effect of termina- 318 Remission of corresponding: should be remitted when 321 Accused: As witness: testimony of accused regarding receipt of 291 Confinement. (See Confinement.) Convictions. (See Convictions.) Service records. (See Service records.) Assault: And battery: striking a civilian: limitation of punishment 294 Automobiles: Unauthorized use of an automobile of another: extended 303 Charges and specifications: Depositions used in proof of. (See Depositions: Proof.) Defective: No offense alleged: Page "Culpable inefficiency in the performance of 311 tion of a General Order issued by the 294 No violation: extended use of auto taken with 303 Not cured by plea of guilty: must allege fraudulent Laid under wrong charge: "Disobeying the lawful order of his superior officer" rather than "Conduct to the prejudice "Violation of a lawful General Order issued by the 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......... 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: 312 Confinement: Limitation of one year, for all specifications collectively 297 Remission of corresponding accessories when period of 321 Remission of sentence during period of probation: effect of termination of period of probation on subsequent revoca- 318 Convening authority of courts martial: Sentence: remission of sentence during period of probation: Convictions: Depositions used to obtain, on several specifications: limita- Criticism of courts martial: Failure of prosecution to prove unauthorized absence from 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" Disobeying the lawful order of his superior officer: Authentication of Navy pay rolls, required: inadmissible as Page 321 321 304 321 Proof of unauthorized absence: admissibility of copy of 291 321 Service records as evidence of "Desertion": witnesses avail- 305 Duty: Station and duty, absence from. (See Absence: From Evidence: Admissibility of physical evidence obtained thru illegal 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 320 Same evidence proving elements of lesser and greater 295 Service records. (See Service records.) Violation of lawful order: publication to the accused, proof 298 Executing a fraud in violation of Article 22 of the Articles for the As provided in Sec. 102, N. C. & B.: specification failing to 292 |