Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09

his successor In COMMAND the original
record OF the proceedings of such court
in the trial of each case Ali records Of
such proceedings shall, after having been
finally acted upon, be transmitted to the
adiutant general
Article 90. After having been acted
upon by the officer appointing the court
or by the officer commanding fer the time
ing. the record of each trial by special
ccurt-martial and a report of each trial
lv summary court ma rtial shall be trans.
united to the adjutant general. When no
longer of use. records of special and sum-
mary courts-martial may be destroyed
Article 81. The proceedings of a court
martial shall not be held invalid, nor the
nndings sentence disapproved i'm any
ease on the ground of improper admission
or rejection of evidence or for any error
a. ~ any matter OF pleading or procedure
rliess in the opinion of the reviewing or
ctuhrnng authority, after an examina-
ton Of the entire proceedings. it shall
appear that the error complained of has
iNirriously affected the substantial rights
Of an accused: Provided that the act or
otn .ssion upon which the accused has
been tried constitutes an offense de-
ornced and made punishable by one or
worc CT these articles: Provided further.
at the omission of the words hard
:. htr in any sentence of court
,rtih adjudging Imprisonment or con-
tp,weut shall not be construed as depriv-
ug the authorities executing such sem
'tute Of imprisonment or confinement of
9. " bower to require hard labor as a part
o.. he punishment in any case where i.
Dr. arthcr!1ed by the executive order pre-
. 2 M MAXIMUM punisIments.
Ar'L l. - Tile governor may, by regu-
'.t.'rs which he may modify from time
~ tine. prescribe the procedure. includ-
Hs modes of proof in cases before
.rts-martial, courts of inquiry. mill
e, commission. and other military
auuals: Provided. that nothing contrary
f., 'r Inconsistent with these articles
g. .l' 10 so prescribed.
I ',,,f.
'r'j le 50 Except fer desertion COM
rrJ IN tin"e of war. or for mutiny or
r, or no rerson subject to military law
d ;'e liable to be tried or punished by
. ro"lt-r1artial for any crime offence
united more than two years before
ell. arrairnment of such person: Provid-
O.. that for assertion in time of peace or
..r my crime or offense punishable under
So les uinety-three and nnety-four OF
i'.- code the period Of limitations upon
.a' and punishment by court-martial
,all te three years Provided further.
mat tie period of any absence of the ac
,s.ed from the jurisdiction of the State,
.-U also any period during which by rea-
,u Of some manifest impeachment the &C
led shall not have peen amenable to
,.1.tarV Justice. shall be excluded in
,.uputing the aforesaid periods of lim
,,jou And provided further, that this
'.ttlDlc shall not have the effect to au-
prize the trial or punishment for any
.rIr,-e or offense barred by the provisions
a. existing law.
Article 40. No person shall be tried
scDond time for the same offense.
r. PuniShments.
Article II. Punishment by hoggng, orr
hy branding. marking, or tattoomg Oh
the body is prohibited.
Article AZ. Except for desertion in time
~ war. repeated desertion in time of
rVa,e and mutny. no person shall under
'Ie sentence of court martial be punished
l.l confinement In the penitentiary unless
.,t aot or omission of which he is convict
81 is recognized as an ofense OF civil
laturc by some statute or the STATE, or
~ tho common law. or by way Of COM
mutation Of a death sentence. and unless.
also. the-period of confinement authorized
ard adiudged by such cour IT, .l,n is
....teuce of confinement is adjudged by
ourt-martial upon conviction OF two or
'.ote acts on omissions any one ot which
fnement in the penitentiary. the entire
sentence Of confinement may be executed:
Article ~. No person shall. by general
tonrt-r1artial be convicted or an oftense
FIR which the death penalty is made
i-audatory by law, nor sentenced to SUI,
fer death. except by the concurrence OF
'vo-thirds Of the members OF said court
r~artial and for an offense In these artl-
los expressly made punishable by death.
t1 other convictions and sentences,
whether by general or special court
l,r,tieI. MAJ he determined by MAORI
~ If the members present: i, H.
=.
,,te cd from the service for cowardice
.r c.aud. the crime. punishment: name.
:rd llace Of abode Of the delinquent
s'Hu ho published in the newspapers in
,rc state. and after such publication 1t
.HaII hc scandaous for an officer TO
iss,oiata with him..
Article A.. Whenever the punishment
Cor "a crImc or offense made punishable
NV those articles is left to the discretion
Of the court-martial. the punishment
shall not in time Of peace. exceed such
limit or limits as the governor may
from time t. time prescribe.
q Action by Appointing or Superior
Authority.
Article ~ No sentence Of a corut
partial shall he carried into execution
until the same shall have been approved
l} thr officer appointing the court or by
Vie officer commanding for the time be-
Article A. The power to approve the
sriteuce Of court martial shall be held
t1 include.
,al The power. to approve or disap-
prove a finding and to approve only so
0fuch Of finding Of guilty of part1cu-
iar orense as involves finding of gull
g. # lesser included offense when IN
rtc opinion Of the authority having pow
n. ~ approve. the evidence Of record
'qures a finding of only the lesser de-
sree of Guilt: and
,}D The power to approve or disap-
trnCe
Article As. In addition to the approx
required by article forty-siX. connr-
cation by the governor is required IN
t',o following cases before the sentence
&C court martial is carried into eSecu-
teen namely:
,sD Any sentence respecting gener-
Fl rtlicer,
40 Any sentence extending to the
a.rrissal of an officer; and.
90 Any sentence of death. except III
The cases of persons convicted IN time
e war of murder, rape, mutlny, deser-
."n. or spies.
When the authority competent TO COM
firm the sentence has already acted as
tsc approving authority no addltlonal
t.utirrnation by him is necessary.
Article 40. The power to confirm the
.nntence of q court martial shall be held
inclufe:
ta1 The power to confirm or disap-
'",ve finding and to confirm so much
,Nl5 # finding of guilty or partlcn-
l'r offense as involves a finding or gull
~ of lesser included ofense When In
tie opinion of the authority having
over to confirm. the evidence or rec
IRA requires finding Of only the lesser
'eeree Of guilt: and ~,
IHl The power to confirm or dlSap-
..ove the whole or any part of the SEN
'~-re
Article 80 The power to order the
,\c,,,,io, of tho sentence aGiudged by a