Page:United States Statutes at Large Volume 41 Part 1.djvu/815

This page needs to be proofread.

794 SIXTY-SIXTH CONGRESS. Sins. II. Ch. 227. 1920.

  • ”*¤·¤S °' Wm lieu of the trial judge advocate; otherwise by another member of

_ e court. mil-’§T”°] °”° su"` Am-. 34. Rnco1u>s——S1>ncmL Ann smmlmr couars-MAm·rAL.— Each special court—martial and each summary court-martial shall kee a record of its proceedings, se arate for each case, which record shag contain such matter and be auigienticated in such manner as may be reqi?ed by regulations which the President may from time to time _ , rescribe. ¤$§?p°“'t‘°° °f '°°` P Ama 35. DISPOSITION or REGOB.DS····GEN'EB.AL OO`U'B.TS-MAB'1`IAL.— “°¤°’°* °°“'"·· The trial 'udge advocate of each general court··martial shall, with such edition as circumstances may permit, forward to the appointing aiiiifiority or to his successor command the origiflnal recor of the proceedings of such court m the trial of each case. records of such roceedings shall, after havirpibeen acted upon, be transmitted to the S . I d ‘ gudge Advocate General of e Army. maliiiiin-r$° m" Airr. 36. DISPOSITION or rrnooans—-Srncmn Arm smmanr . COURTS-MARTIAL.-·Al’t€P havin%i been acted upon by the officer a pointin the court, or by the officer commanding for the time being; tllie recon? of each trial by special court—martia1 and a report of eac trial by summary court-martial shall be transmitted to such eneral headquarters as the President may designate in regulations, there to be filed in the oizlice of the judge advocate. When no longer of use, ,mgu,m,,ms_ records of summary courts-martial may be destroyed. Errcrs ¤¤u¤v¤1i¤¤¢- Airr. 37. I11aneULAnrrms—Err·ncr or.—The proceedings of a. m"”°°°°°u°gS' court-martial shall not be held invalid, nor the findings or sentence disapproved, in any case on the ground of improper admission_or rejectiorgd of ev`ig1ence_orti£pr any errorfatsh to any matter of pleading Nom ,. ,,_ or roc ure ess m e o 1mon 0 e reviewing or confirming imag mh authority, after an examinatilon of the entire proceedings, it shal PWM appear that the error complained of has injuriously a ected the Name éroamse. su stantial rights of an accused: Provided, That the act or omission upon which e accused_ has been tried constitutes an offense de- Omissm 0, Ubud nounced and made pumshable by one or more of these articles: nabowmmuiences. Provided further, That the omission of the words "hard lab0r" m any sentence of a court-martial adjudgjing imprisonment or confinement shall not be construed as depriving the authorities executing such sentence of imprisonment or confinement of the ower to re uire hard labor as a part of the {punishment in any case wlibre it is auitlhorme W Ht m W ized by the Executive or er prescribing maximum pilinishments. mgbesiiiies. _ Y P ‘ Am. 38._ Pansmnur mr rnnscnrnn BU`LES.—ThG esident ma , ‘°’·3°· P·“°"· bg- regulations, which he may modify from time to time, prescriiiie t e procedure, including modes of proof, in cases before courtsmartial courts of m uiry, military commissions, and other military tribunals, which pegndations shall, in so far as he shall deem practicable, apply the_ es of evidence generally recognized in the trial ,,m,m_ of criminal cases in the district courts of the Unite States: Promkled, j;j;g{¤¤.__,_0n WCW That nothugg contrary to or inconsistent with these articles shall be mgsf°““" so prescrib 2 Provuledéurther, That all rules made m pursuance of this article shall be laid efore the Congress annually. Cu§gl§§‘°i”’" °fpm“' E- LIMITATIONS UPON PROSECUTIONS, Tmt- Ama 39. As ro T¤m.——Except for desertion committed in time of war, or for mutiny or murder, no person subject to military law shall be liable to be tried or punished by a court-martial for any crime or I offense committed more than two years before the arraignment of gzgggjih in me 0, such person: Promded, That for desertion in time of peace or for any peacaecc. crime or offense &ll.!11Sl12}blG under articles ninety-three and ninety- four of this code e period of limitations upon trial and punishment