Absence:

INDEX

Page

135

Members of courts martial: unauthorized absence when
legal quorum present, effect....

Unauthorized: prima facie case of "Desertion in time
of war" not established upon proof of absence for two
days...

........

Absence from station and duty without leave:

Computation of period of absence....

Death occurring while absent: death gratuity not pay-
able

Distinguished from "Breaking arrest”.

Duration of absence determines gravity of offense..
Lesser included offense of "Desertion".

Surrender to station other than one to which assigned..

Time of commission of offense not specified, resulting in
prejudice to rights of accused..

2

Accessories :

See Principals and accessories.

Accident:

Motor vehicle: extra-judicial admission of accident
without admission of negligence insufficient to support
conviction on "Neglect of duty".

173

Accomplice:

Reconciliation of sentences: findings different on same
evidence in separate trials of accomplices..

211

Page

Accused:

As witness:

For defense to be called at own request..

Record to show affirmatively a request by accused to
testify

Counsel for. (See Counsel for accused.)

Jeopardy, protection against former. (See Jeopardy, for-

mer.)

77

4, 52

Rights of: failure to use proper charge not prejudicial. 18, 113, 218
Statements. (See Statements.)

Witness in own behalf. (See this heading, As witness.)
Administration:

Executive officer to administer discipline, in absence of
commanding officer through sickness or temporary ad-
ditional duty orders....

74

Admissions:

Extrajudicial:

Conviction unsupported when based solely upon ad-
mission of motor vehicle accident as proof of "Neg-
lect of duty".

173

Conviction unsupported when based solely upon ad-
mission of unauthorized possession of narcotic sub-
stance

54

54, 173

89

Corroborative evidence required..

Refuted by independent evidence introduced in cor-
roboration

Judicial: conviction unsupported when based upon admis-
sion adduced by own counsel and extrajudicial confes-
sion
Adultery:

Evidence of accused's divorce produced subsequent to
final approval of proceedings, findings, sentence, and
execution of sentence..

Affidavits :

Admission in evidence where witness unavailable..............

52

92

4

Aircraft:

See Aviation.

Allowances:

Rental:

Dependent wife entitled to, until date of California

decree of annulment of marriage for fraud.....
Lawful wife; discontinuance on dissolution of mar-
riage

Subsistence. (See this heading, Rental.)

Page

8

5

Subsistence and/or quarters, to certain enlisted personnel
attached to Naval Barracks, Washington, D. C., be-
tween commencement of court-martial trial and ap-
proval or disapproval of sentence.

7

178

ALNAV:

No. 155, 1941 (15 Dec. 1941).

American Red Cross:

Confidential report compiled by: use by Boards of Medi-
cal Survey and Retiring Boards contingent upon in-
forming officer under examination of contents..
Telephones: exemption of Federal tax on service....
Annulment :

198

219

Marriage. (See Marriage.)

Arguments:

Counsel for accused, not to precede findings of court....
Summary court martial procedure where more than one

192

Page

Arraignment:

Summary court martial, where more than one specifica-
tion preferred

217

Arrest:

Guards employed by private contractor operating govern-
ment-owned property:

Executing a fraud in violation of Art. 14: "Conduct to
the prejudice of good order and discipline" the proper
charge

Assault:

On private plant guards (Coast Guard Reserve (Tempo-
rary)), prosecution by Department of Justice........

Assault and battery:

13

48

Assault charging under "Conduct to the prejudice of
good order and discipline"

18

Assaulting superior officer: private first class, Marine
Corps, not a superior officer....

218

Assault with intent to commit murder: duplication of
charge with "Striking another person in the Navy"...

20

Assaulting another person in the Navy:

Sufficient allegation under "Assaulting his superior offi-
cer while in the execution of duties of his office"..
Assaulting superior officer while in the execution of the
duties of his office:

218

Naval officers not permitted to appear in behalf of Civil

Civilian driver arrested by civil authorities when driv-
ing on official business; procedure.......

11

Damaged by Navy truck, no statute authorizing settle-

ment

44

Driver of Navy truck acting within scope of his em-
ployment not personally liable for damage to another
Government-owned automobile

.....

"Unauthorized use of an automobile of another" used as
the charge instead of "Malicious conversion".
Aviation:

44

18

Flight over populated area without proper authority,
proper charge to be used......

26,29

Low level bombing run over unauthorized target to dan-
ger of lives of persons, proper charge to be used.............
Violation of a Wing General Order, proper charge to be
used

$22

36

Bank deposits:

Ships' Service Departments entitled to require the post-
ing of securities to cover deposits in excess of $5,000
Betraying his trust in time of war:

215

"Culpable inefficiency in the performance of duty" not a
lesser included offense when all of the essential ingre-
dients not included

118