Proceedings And Report of Special War Department Board On Courts Martial And the

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Proceedings And Report of Special War Department Board On Courts Martial And the
United States War Dept Board On Courts Martial An
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" COMMENT. The board has adopted for the new article 41 the language of article 44 of the Chamberlain bill.
PROPOSED LAW.
"ART. 42. PLACES OF CONFINEMENT WHEN LAWFUL. Except for desertion in time of war, repeated desertion in time of peace, and mutiny, no person shall under the sentence of a court- martial be punished by confinement in a penitentiary unless an act or omis- sion of which he is convicted is rec- ognized as an offense of a civil nature and so punishable by penitentiary con- fineme
...nt for more than one year by some statute of the United States, or by the'^sit the common] law of [as the same exists in] the District of Columbia, or by way of commutation of a death sentence, and unless, also, the period of confinement authorized and adjudged by such court-martial is more than one year [or more] : Provided, That when a sentence of confinement is adjudged by a court- martial upon conviction of two or more acts or omissions any one of which is punishable under these ar- ticles by confinement in a peniten- tiary, the entire sentence of confine- ment may be executed in a peniten- tiary : Provided further, That peni- tentiary confinement hereby author- ized may be served in any penitentiary directly or indirectly under the juris- diction of the United States: Pro- vided further.

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