Handbook for Light ArtilleryDyer, A. B. (Alexander Brydie)
History
Handbook for Light Artillery
Dyer, A. B. (Alexander Brydie)
Artillery, Field and mountain
When the conviction is of an offence punishable under Article II. of
this order or the custom of the service with a greater punishment
than an inferior court-martial can award, but not punishable with
dishonorable discharge, the sentence may, on proof of five or more
previous convictions within eighteen months and during the current
enlistment, impose dishonorable discharge and forfeiture of all pay and
allowances in addition to the authorized confinement, and when this
confinement is less than three months it may be increased to three
months.
When a non-commissioned officer is convicted of an offence not
punishable with reduction, he may, if he shall have been convicted of
a military offence within a year and during the current enlistment,
be sentenced to reduction, in addition to the punishment already
authorized.
SEC. 2. In every case when an offence on trial before a
court-martial is of a character admitting of the introduction of
evidence of previous convictions, and the accused is convicted, the
court, after determining its findings, will be opened for the purpose
of ascertaining whether there is such evidence, and, if so, of hearing
it. These convictions must be proved by the records of previous trials,
or by duly authenticated orders promulgating the same, except in
the cases of conviction by summary court, when a duly authenticated
copy of the record of said court shall be deemed sufficient proof.
Charges forwarded to the authority ordering a general court-martial,
or submitted to a summary, garrison, or regimental court, must be
accompanied by the proper evidence of such previous convictions as may
have to be considered in determining upon a sentence.
ARTICLE IV.
When a soldier shall, on one arraignment, be convicted of two or
more offences, none of which is punishable under Article II. of this
order or the custom of the service with dishonorable discharge, but
the aggregate term of confinement for which may exceed six months,
dishonorable discharge with forfeiture of pay and allowances may be
awarded in addition to the authorized confinement.
ARTICLE V.
This order prescribes the _maximum_ limit of punishment for the
offences named, and this limit is intended for those cases in which the
severest punishment should be awarded. In other cases the punishment
should be graded down according to the extenuating circumstances.
Offences not herein provided for remain punishable as authorized by the
Articles of War and the custom of the service.
ARTICLE VI.
Summary courts are subject to the restrictions named in the 83d Article
of War. Soldiers against whom charges may be preferred for trial by
summary court shall not be confined in the guard-house, but shall
be placed in arrest in quarters, before and during trial and while
awaiting sentence, except when in particular cases restraint may be
necessary.
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