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Assault and battery-Continued

"Assault with intent to commit rape":

Duplication: "Rape." 6-141.

Lesser included offense of: "Rape." 6-141.

"Assault with intent to commit sodomy":

Lesser included offense: "Scandalous conduct tending to the destruction of good
morals." 5-109.

Assaulting another person in the Navy:

See "Striking another person in the Navy." 5-99.

Specific charge, specification supporting: to be preferred rather than general charge.

5-99.

Assignment:

(See also Quarters.)

"Assignment of quarters" to officers defined. 3-65.

Atlantic Charter:

"Freedom of the seas" recognized in. 3-47.

Attempts:

Fraud: against the United States: potential damage to the government to be shown. 1-1.

Attempting a fraud in violation of Article 14 of the Articles for the Government of the Navy:
Potential damage to the government to be shown. 1-1.

Attorney General:

Claims of post exchange against private company: to be prosecuted by, rather than
private counsel. 9-220.

Authority:

See Jurisdiction.

"Officer in charge": status and, clarified. 8-199.

Secretary of the Navy: to direct Board of Review, Discharges and Dismissals, to change
decision re type of discharge to be awarded petitioner. 10-247.

Authorized travel:

Naval reservists: travel to and from drills distinguished from. 9-215.

Automobiles:

See Automotive vehicles.

See Motor vehicles.

Accidents: reservist performing training duty for 30 days or less: not injured in line of duty
when absent from station and duty without authority. 11-267.

Naval reservists: injured in accident while returning home from drill period: not “au-
thorized travel." 11-267.

Automotive vehicles:

Appropriation chargeable with purchase of: to be debited for value of, upon transfer of
property purchased from surplus funds of midshipmen's mess. 4-77.

Collision: Army jeep and automobile owned by Navy welfare organization: organization
not qualified as claimant under Federal Tort Claims Act. 4-81.

Improperly purchased from surplus funds of midshipmen's mess: proper disposition upon
disestablishment of mess. 4-77.

Aviation:

Aeronautical Commission: established by Paris Peace Conference of 1919. 3-47.

Air Commerce Act of 1926: President authorized to establish air space reservations. 3-47. Aircraft, traumatism by; officer retired as result of: administratively determined not to be combat-incurred. 4-95.

Air power: "innocent passage": limitation on in international law greater than on sea power. 3-47.

Air space reservations: exclusive sovereignty of nations over air space above territory and territorial waters. 3-47.

Cadets:

Masses:

Government messes rather than private. 4-77.

Surplus funds remain public funds and are required to be recredited to appropriations involved. 4-77.

Civil Aeronautices Act of 1938: asserts United States sovereignty over its air space. 347. Civil Aeronautics Board. (See Civil Aeronautics Act of 1938.) 3-47.

Distinguished Flying Cross. (See Distinguished Flying Cross.)

"Flight" and "strike,” defined in connection with awards to flight crews. 8-190. International Civil Aviation Conference in Chicago in 1944: right of nations to control sir space recognized. 3–47.

Land of U. S. Naval Aviation Ordnance Test Station and U. S. Naval Auxiliary Air Station, Chincoteague, Virginia: proprietary interest of United States Discussed. 2-21.

Pan American Convention at Havana in 1928: sovereignty over air space asserted by United States. 3-47.

Right of innocent passage of aircraft over foreign nation: reasonable enforcement of sovereignty as self-defense. 3-47.

"Strike" and "flight” defined in connection with awards to flight crews. 8-190.

Battery:

See Assault and Battery.

Bermuda:

See Naval Operating Base, Bermuda.

Board for the Correction of Naval Records:

Jurisdiction, absence of: to restore officer to former rank and precedence after effective resignation. 3-46.

Lineal list, changes in.

Pay and allowances, active duty: officer not entitled to, on basis of corrections by. 4-93. Review of original discharge proceedings: necessity of precluded by cancellation of discharge by the Secretary of the Navy. 4-88.

Secretary of the Navy: not authorized to direct pay and allowances based on corrections by. 4-93.

Board of Decorations and Medals:

Advancement on retired list: officer received Distinguished Flying Cross: action in all twenty flights may be considered. 8-190.

Distinguished Flying Cross: advancement on retired list of officer who received: action in all twenty flights may be considered. 8-190.

Board of Medical Examiners:

Findings of: not to be substituted for findings of Board of Medical Survey and used as basis for review by Naval Retiring Review Board. 8-207.

Report of: hearsay evidence. 1-5.

Board of Review, Discharges and Dismissals:

Decision of: reviewing powers of Secretary of the Navy in regard to. 10-247.

Board of Survey:

See Marine Corps.

Boards of investigation:

Evidential effect of record of: disciplinary action not barred by procedural errors in.
11-274.

Boundaries:

Where sea is boundary: three-mile limit of territorial waters. 3-47.

[blocks in formation]

Inference of intent to desert drawn from erroneous conclusions that accused broke arrest:
prejudicial error; proper procedure. 2-30.

Restriction to ship does not constitute arrest. 6-147.

Bribery:

Defense to charge of: prior knowledge and encouragement in commission of offense on
part of naval authorities. 6-135.

Britain:

See Great Britain.

Burden of proof:

Negative averments in specification: burden never shifts to accused. 7-184.

Bureau of Medicine and Surgery:

Hospital Messes. (See Hospitals.)
Nurse Corps. (See Nurse Corps.)
Records. (See Medical records.)

Bureaus of Navy Department:

Chiefs of Bureaus. (See Chiefs of Bureaus.)

Supplies and accounts:

Cadets:

Chief of Field Branch:

Delegation of Secretary's authority in re checkage of pay of naval personnel.
3-64.

Not proper authenticating officer for records or papers in Navy Department or
bureau for admission thereof in evidence. 3-64.

Aviation. (See Aviation.)

Candidates:

See also Appointments; Midshipmen.

Carlessness:

See Negligence.

Carelessly endangering lives of others:

"Gross negligence," defined in respect to charge of. 5-112.

Negligence or carelessness, degree of: required to impose criminal liability: same as
required in "Involuntary manslaughter." 5-112.

Central Navy Recreation Funds:
See Funds.

Chaplain Corps:

See Staff officers.

Challenges:

Member of court by accused:

Erroneously overruled:

Member of court having knowledge of facts pertinent to the case. 7-152.
New trial offered accused. 7-152.

Charges and specifications:

See also specific offense.

Additional charges: preferred only when intelligence of offense had not reached con-
vening authority when original charges preferred. 5-102.

Allegations necessary to establish legal efficiency of written instrument in forgery case,
enumerated. 5-117.

Charge:

General charges, use of: not to be preferred if specification supports a specific charge.
5-99.

Specification to be laid under specific charge provided:

"Assaulting another person in the Navy" rather than "conduct to the prejudice
of good order and discipline." 5-99.

"Striking another person in the Navy", rather than "Conduct to the prejudice of
good order and discipline." 5-99.

Specification to be laid under specific charge:

"Transporting in interstate commerce a motor vehicle knowing the same to have
been stolen", rather than "Conduct to the prejudice of good order and disci-
pline." 5-99.

Consolidation of: to avoid multiplicity of trials. 5-109.

Duplication. (See specific offense.)

Duplication of:

"Assault with intent to commit sodomy": "Scandalous conduct tending to the de-
struction of good morals" (same act constituting assaults.). 5-109.

"Conduct to the prejudice of good order and discipline" and "Robbery" (same act
constituting force and violence). 6-141.

"Embezzlement" and "Neglect of duty." 7-185.

Equitable merger: no longer basis for setting aside findings on principle of. 7-161.
Limitation of punishment where both found proved. 5-109.

Policy in re. 5-109.

"Rape" and "Assault with intent to commit rape." 6-141.

"Robbery" and "Conduct to the prejudice of good order and discipline" (same act
constituting force and violence). 6-128.

"Scandalous conduct tending to the destruction of good morals," and "Assault with
intent to commit sodomy." 5-109.

Equitable merger: findings no longer to be set aside on principle of. 7-161.

General charges, use of: not to be preferred if specification supports a specific charge. 6-

141.

Multiplicity:

Drunken disorder: plural charges of offenses arising out of one course of action: pro-
priety of preferring. 6-148.

Embezzlement: conviction of three offenses, each relating to same funds: findings on
latter two specifications set aside 5-104,

Charges and specifications—Continued

Multiplicity-Continued

"Neglect of duty": failure safely to keep certain money: gravamen is same act charged under "Embezzling money of the United States intended for the naval service thereof." 5-104.

"Uttering a forged writing": two specifications: offenses alleged arose out of same course of action. 6-145.

Offenses in violation of local laws, orders, regulations, etc.: necessity for setting forth such local order in specification. 5-115.

Plural charges: offenses arising out of one continuing drunken disorder: propriety of preferring. 6-148.

Specific charge to be used when one provided:

"Assaulting another person in the Navy." 5-99.

"Striking another person in the Navy." 5-99.

"Transporting in interstate commerce a motor vehicle knowing the same to have been stolen," rather than "Conduct to the prejudice of good order and discipline." 6-141.

Specifications defective:

All elements of offense of"Forgery" not set forth. 5-117.

Essential allegations omitted: violation of local order: out of uniform: failure to set forth such order. 5-115.

Failure to allege an offense:

"Conduct to the prejudice of good order and discipline." 7-178.

"Conduct unbecoming an officer and a gentleman." 5-99.

"Forgery": portion of instrument which forms gist of offense: to be set out verbatim. 12-292.

Lack of particularity: "Neglect of duty." 7-185.

Laid under wrong charge:

"Conduct to the prejudice of good order and discipline" rather than "Assaulting another person in the Navy." 5-99.

"Conduct to the prejudice of good order and discipline" rather than "Striking another person in the Navy." 5-99.

"Conduct unbecoming an officer and a gentleman" rather than "Conduct to the prejudice of good order and discipline." 5-99.

Adding names of duty section to official liberty list. 5-105.

Aiding enlisted man to escape consequences of unauthorized absence. 5-105.
"Executing a fraud in violation of Article 14 of the Articles for the Government
of the Navy" rather than "Executing a fraud in violation of Article 8 of the
Articles for the Government of the Navy." 5-117.

No offense alleged:

As found proved: failure of proof of essential element of unauthorized absence. 3-70.

Violation of statute not set forth. 1-3.

Not cured by: findings: no evidence of actual or constructive knowledge of local order. 5-115.

Offenses in violation of local laws, orders, regulations, etc.: pertinent part of order to be set forth. 5-115.

Specification: form of: precision required in framing of specification. 7-174.

Specification laid under wrong charge:

"Conduct to the prejudice of good order and discipline" rather than "Negligence in obeying orders." 11-269.

Effect where accused adequately apprised of offense. 11-269.

Same acts alleged under general and specific charges: specific charge only should be preferred. 5-99.

"Unauthorized absence" rather than "Desertion" (accused confined by civil authori

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