Page:United States Statutes at Large Volume 39 Part 1.djvu/679

 658 SIXTY-FOURTH CONGRESS. Sess. I. cu. 418. 1916. a  of t of a lesser included offense when, in the opinion of the au  hiving power to approve, the evidence of record requires a finding of only the lesser degree of guilt; and ¤¤¤¤¤¤·¤¤ ‘ (b) The power to approve or disapprove the whole or any part of the sentence. °¤¤'*¤¤=**¤ '°· "Am·. 48. C0NFmuAr10N—Wn1:N nnqumnn.—In addition to the quiirjdrire mama. approval required b article forty-six, confirmation by the President is required in the fohowing cmes before the sentence of a court-mar- · tial is carried into execution, namelygml Hi spmueuuu. " a An sentenceres a n 0 cer: "  Ansy sentence extpgcnidilfngg tggthe dismissal of an omcer, except that in time of war a sentence extending to the disrnissal of an officer below the grade of brigadier general may be carried into execution upon continuation by the commandiqg general of the Army in the gpld or by the commanding general 0 the territorial department or vision; _ _ _ "(c) Andy sentence extending to the suspension or dismissal of a cadet; an g E¤¤¤n>¤<¤¤· i¤ tm " (d) Any sentence of death, except in the cases of persons con- °""' victed in time of war of murder, rape, mutiny, desertion, or as spies; and in such excepted cases a sentence of death may be carried into execution upon confirmation by the commanding general of the Army in the Held or by the commanding general of the Territorial department or division. _°°“' ‘ When the authority competent to confirm the sentence has already acted as the approving authority no additional confirmation by him is necessary. ‘ m°§"“"‘¤ '°“‘ "A.m·. 49. Pownas mcmrmr ro rowm; ro commu.-—The power ¥¤¤¤¤=¤11>¤*¤¤- to confirm the sentence of a GOU1'l$-II18»l'l318»l. shall be held to include: """“"¤ “ (a) The power to confirm or disa prove a finding, and to confirm so much only of a finding of guilty of a particular offense as involves a Ending of guilty ot a lesser included offense when, in the opinion of the authority aving lpower to confirm, the evidence of record re uires a finding of only the lesser degree of guilt; and _ “°°’°"°°* " (b) 'lglie power to confirm or disapprove the whole or any part of the sentence. ,,,§*g’g?¤*°,*g,,g_{s_'°”“· "An·r. 50. Mrrroxriou on amnssrou or sm·z·m1~zc1¤:s.——'l'he power to order the execution of the sentence adjudged by a co1u·t-martial shall be held to include, inter alia, the power to mitigate or remit R°“m°°°"‘ the whole or andy part of the sentence, but no sentence of dismissal ‘ of an officer an no sentence of death shall be mitigated or remitted _ by any authority inferior to the President. mf,,:°"°°°°°° P°"‘ "Any unexecuted portion of a sentence adjudged by a court—martial may be mitigated or remitted by the military authority competent to appoint, or the command, exclusive of penitentiaries and the Unite States Disciplinary Barracks, in which the person imder sentence is held, a court 0 the kind that imposed the sentence, and the same power may be exercised by superior military authority; but no sentence extending to the dismissal of an oftlicer or loss of tiles, no sentence of death, and no sentence approved or confirmed by the President shall be remitted or mitigated b any other authorit. tm¥{S¤j=¤¤¤¤¢¤d Mei- "The power of remission and mitigation shag extend to all uncol- S . of sw lected forfeitures adjudged by sentence of a court-ma,;·tig_l_ mm'. "Ax·r. 51. Susrmvsrox or smrrmzons or msmssar. on num.- mmimm mm The authority coxipetent to order the execution of a sentence of disnnssal of an 0 cer or a sentence of death may suspend such sentence until the pleasure of the President be lmown, and in case of such susjipnsxon a copy of the order of suspension, together with ghcogy og the record 0 trial, shall immediately be transmitted to e resident.