A Treatise On Military Law And the Jurisdiction Constitution And Procedure of

Cover A Treatise On Military Law And the Jurisdiction Constitution And Procedure of
A Treatise On Military Law And the Jurisdiction Constitution And Procedure of
Rollin a Rollin Augustus Ives
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725.
148 MILITARY LAW.
future, courts-martial should exercise a wise discretion as to the punishment they inflict.
Every court is the exclusive judge of its own. Con- tempts. 1 1 Ex. Parte Nugent, 1 American Law Journal, 107.
CHAPTER XL FINDING.
THE evidence being finished, and the defense made, the court is then cleared, and closed for deliberation and finding. The entire testimony, or any part of it, is read over by the judge-advocate, at the desire of the court, or a member thereof. In compl
...icated cases it is better to have the whole testimony read over, but every court must be the judge of its necessity in each particular case.
Recalling Witnesses After the case is finished and the court closed, it may, if it deem it necessary, recall any witness for the purpose of explaining discrepancies, or clearing up doubts in the minds of the members. In such cases the accused should always be present. The accused may himself be recalled for explaining points of his state- ment not clear.
Deliberation For the purpose of arriving at a cor- rect finding, due deliberation should be had before pro- ceeding to a vote ; and a full and free discussion with this intent is, therefore, generally entered into.


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