Page:United States Statutes at Large Volume 39 Part 1.djvu/678

 manifest impediment the accused shall not have been amenable to military justice, shall be excluded in computing the aforesaid periods of limitation: And provu1cd further, That this article shall not· have °““‘°°"°“"d· the eifect to authorize the trial or punishment for any crime or offense barred by the provisions of existing law.

‘‘Art. 40. As T0 NUMBEB.—N0 person shall be tried a second time ,m§’s§°° ‘°' ¤””° °‘“ for the same offense. ` "r. ruxrsumnms. P¤¤*¤¤¤¤¤'·°-

‘‘Art. 41._ CERTAIN mmas PROHIBITED.——Pi].DlSl1IIlBI\t by flogging, Kimh P*°'*“’“°‘* or blygbrandmlg, marking, or tattooing on the body is prohibited.

‘‘Art. 42. LACES or CON'FINEMENT—WHEN 1.AwFUL.—Except for wfggimtm S°¤· desertion in time of war, repeated desertion in time of peace, and Rwiricwd to civil mutiny, no person shall under the sentence of a court-martial be pun- °¤°"S°°’°°°' ished by confinement in a penitentiary unless an act or omission of which he is convicted is recognized as an offense of a civil nature by some statute of the United States, or at the common law as the same exists in the District of Columbia, or by way of commutation of a death sentence, and unless, also, the `od of confinement authorized and adjpdged by such court-martiaiiiglone year or more: Provided,  M, 0,, That w en a sentence of connnement is adjudged by a court-martial“‘¤¤¤°· upon conviction of two or more acts or omissions any one of which is punishable under these articles by confinement in a penitentiary, the entire sentence of confinement may be executed in a penitentiary: Provided further, That penitentiary confinement hereb authorized m”°°‘ may be served in any penitentiary directly or indirectly under the jurisdiction of the United States: rovidcd further, That persons sentenced to dishonorable discharge and to coniinement not in a penitentiary, shall be confined in the United States Disciplinary Barracks At Disciplinary ang§‘IBl.S6V{)l1GI`6 as the Secretary of War or the reviewing authority may "’°ks*°t°‘ act ut not in a penitentiary.

‘‘Art. 43. Dann ssNrsNcn—W1mN Lawyer.--No person shall, ii§iii¤ii§i°°°°' by general court-martial, be convicted of an offense for which the death penalty is made mandatory by law, nor sentenced to suffer death, except by the concurrence of two—thirds of the members of said court—martial and for an offense in these articles expressly made unishable by death. All other convictions and sentences, whether E eneral or special court-martial, may be determined by a majority oirtie members present Cowmmmmd.

‘‘Art. 44._Cow,mm0E; FRAUD—·ACCESSORY PENALTY.- When an mirggiiwsim or asoliicer is dismissed from the service for cowardice or fraud, the crime, ‘ unishment, name, and place of abode of the delincéuent shall be published in the newspapers in and about the camp an in the State rom which the offender came or where he usually resides; and after such Accessory penalty. publication it shall be scandalous for an officer to associate with him._umm

‘‘.—Whenever the punishment for a crime or offense made punishable by these articles is left to the discretion of the court-martial, the punishment shall not exceed such limit or limits as the President may from time to time prescribe.

G. ACTION BY APPOINTING OB SUPERIOR AUTHORITY. Acqmldauthm-g;_y_

‘‘Art. 46. Arrizovat AND nxncirnon or Sl$NTENC¥l.——NO sentence m;r&r;v:lcé1•%i;.ox¢¤=¤i— of a court-martial shall be carried into execution until the same shall _ have been approved by the officenappointing the court or by the officer commanding for the time being.

‘‘Art. 47. Pownas momnrrr ro rownn ·ro APPROVE.-·—Tl19 power !¤¤¤¤¤*°*P°*¤¤ to approve the sentence of a court-martial shall  held to include: _ " (a) The ower to approve or disatpprove a I'l1l(l1D§ and to approve I“"“"“‘· only so mucli) of a finding of guilty 0 a particular o ense as involves

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