Page:United States Statutes at Large Volume 41 Part 1.djvu/817

 ¤‘¤°'-¤ °' "-*¤· except by the concurrence of all the members of said court-martial present at the time the vote is taken, and for an offense in these Lireimprisonment articles expressly made punishable by death; nor entenced to life imprisonment, nor to coninement for more than ten years, except Om by ttlhe conciiihrrence of thlilpefoulgtlllis <§ all of the memblers present ef- at e time e vote is then. other convictions an sentences, whether by general or special court-martial, may be determined by a two-thirds vote of those members resent at the time the vote IS taken. All other questions shall be dletermined by a majority vote.

°¤w¤*d*°¤¤*'¤¤°· Art. 44. Cowanmcng FRAUD-·ACCESSORY 1>nNaL·rr.——When an;*;§}§?;{gl¤m*¥M“* officer is dismissed from the service for cowardice or fraud, the crime, pimishment, name, and place of abode of the delinquent shall be ublished in the news apers in and about the camp and in the State ·*·¤¢¤¤¤¤¤' P¤¤¤**>‘· i)rom which the offendlizr came or where he usually resides; and after mh publication it shall be scandalous for an officer to associate with ““‘“"“m““‘"“·-.

.—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: Provided, That in time of peace the period of confinement in a penitentiary shall in no case exceed the maximum period prescribed by the law which, under article 42 of these articles, permits confinement in a penitentiary, unless in addition to the offense so punishable under such law the accused shall have been convicted at the same time of one or more other offenses.

A°ti°°by°°°’°m" G. Action nr APPOINTING on surnmon Aurnoizrrr.

iciimiwmgfwhtsi ART. 46. ACTION nr qoivvnxnvc AUTHQRITY.—UHd6P such regu-.,t$_;i§;F£€°g5Z¢i3°X?r“;’ gtwns aslmatydb-e prescfibelglulliy the President every réuiprd of trial °- ·P- 7·¤¤°¤ · y genera co martia or `ta commission receive areview-°d` ing or confrming authority shallge referred by him, befmhe he acts Appmu thereon, to his staff judge advocate or to the Judge Advocate General. No sentence of a court-martial shall be carried into execution until the same shall have been approved by the officer appointing the I d M court or by the officer commanding for the time being.

°°‘ °“ "°"°”‘ Art. 47. Powmzs mcmimr ro rowmz ·ro APPROVE.—··Tl1B power mdmw to a prove the sentence of a court-martial shall be held to include:

‘“°*"*(a} The plpwter tgn afigirovfe go;] disapprove a  and to appiiove o ysomuc o a o t o a artic aro enseasinvoves a finding of guiltyl of a lesser included ldffense when, in the opinion of the authority aviilig power to a prove, the evidence of record mmm r uires a finding of o y the lesser dpegree of guilt; and

(b) 'the power to approve or disapprove the whole or any part of the sentence.

“ii»`ii§iifL?i$s,m»¤a- (c) Tléemptovsiermtg remand a case for rehearing, under the provisions 0 ic e.

q¤(iri·¤li¤i»i:igim°n mi Art. 48. O0N'Fl?RMATI0N—WHEN REQUlZRED.·—IIl addition to the BY ‘“°*"*`*"’““*· approval required by article forty-six, confirmation by the President is required in the following cases before the sentence of a court-martial is carried into execution, name]:

"°°‘”‘*“ °“°*"· (a) Any sentence respecting a generalloflicer;

(b) Any sentence extending to the dismissal of an officer, except that in time of war a sentence extending to the dismissal of an ofiicer_below the grade of brigadier general may be carried into execution upon confirmation by the commanding general of the éirmy in the fiegld or by the commanding general of the territoria.l department or 'vision:

(c) Any sentence extending to the suspension or dismissal of a cadet; and