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 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: Attorney General: Claims of post exchange against private company: to be prosecuted by, rather than 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 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 Naval reservists: injured in accident while returning home from drill period: not “au- Automotive vehicles: Appropriation chargeable with purchase of: to be debited for value of, upon transfer of Collision: Army jeep and automobile owned by Navy welfare organization: organization Improperly purchased from surplus funds of midshipmen's mess: proper disposition upon 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. Boundaries: Where sea is boundary: three-mile limit of territorial waters. 3-47. Inference of intent to desert drawn from erroneous conclusions that accused broke arrest: Restriction to ship does not constitute arrest. 6-147. Bribery: Defense to charge of: prior knowledge and encouragement in commission of offense on 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.) 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. Not proper authenticating officer for records or papers in Navy Department or 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 Central Navy Recreation 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. Charges and specifications: See also specific offense. Additional charges: preferred only when intelligence of offense had not reached con- Allegations necessary to establish legal efficiency of written instrument in forgery case, Charge: General charges, use of: not to be preferred if specification supports a specific charge. Specification to be laid under specific charge provided: "Assaulting another person in the Navy" rather than "conduct to the prejudice "Striking another person in the Navy", rather than "Conduct to the prejudice of Specification to be laid under specific charge: "Transporting in interstate commerce a motor vehicle knowing the same to have 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- "Conduct to the prejudice of good order and discipline" and "Robbery" (same act "Embezzlement" and "Neglect of duty." 7-185. Equitable merger: no longer basis for setting aside findings on principle of. 7-161. 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 "Scandalous conduct tending to the destruction of good morals," and "Assault with 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- Embezzlement: conviction of three offenses, each relating to same funds: findings on 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. 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 |