Page:United States Statutes at Large Volume 41 Part 1.djvu/818

 SIXTY-SIXTH CONGRESS. Sess. II. C11. 227. 1920. 797 (d) An sentence of death, except in the cases of persons con- *“¤·“ °’ '**· _ victed in grime of war of murder, rape, mutiny, desertion, or as spies; ¤¤§>?¤ii1t€’¤i•i$fi>`i°¤i*s£r?x and in such excepted cases a sentence of death may be carried into ¤d,°l‘3g’°‘°58'°m°°d` execution, subject to the provisions of article 503; uipon confirmation by the commanding general of the Army in e eld or by the commanding general of the territorial ent or division. A W b When the authority com§tent to co the sentence has already ¤rmh°§..¤tt°r¤i'y.°°°` acted as the approving au ority no additional confirmation by him is necessary. ‘ comming mm? Arrr. 49. Powmzs mcmmrr T0 POWER TO c0N1=·mM.—The]power to ea. _ confirm the sentence of a court-matrial shall be held to inc ude: ;‘;;f;“°“‘ P°“’°”· (a) The power to confirm or disapprove a finding and to confirm gs` so much on y of a  of guilty 0 a particular offense as involves a finding of guilty of a esser inc uded offense when, in the opinion of the authority  power to confirm, the evidence of record r uires a finding of 0 y the lesser degree of guilt; and Sm 6(lb) The power to confirm or disapprove the whole or any part of °”°°S’ the sentence. _ mh. (c) The power to remand a case for rehearing, under the provi- znyniimm sions of article 50}. m. Rmb Aer. 50. Mrr1oA·r10N on 1unM1ss10N or SENTENCE8.·—Tl16 power a¤¤ to order the execution of the sentence adjudged by a court-martial V‘f,‘{};§f’1;_*{§§;‘“_,;¤,_nd_ shall be held to include, inter alia, the power to mitigate or remit ¢d· the whole or an‘;‘part of the sentence. Uuuccumd r_ An unexecu portion of a sentence adjudged By a court-martial am. °° may he mit' ated or remitted by the  au _ ority competent to appoint,1§or the command, exclusive of penitentiaries and the United States Disciplinarz Barracks in which the person under sentence is held, a court 0 the hud that imposed the sentence, and the same power may be exercised by superior militatiiy authorit ; R mm but no sentence approved or confirmed y the President shall lie °s °' remitted or mitigated by any other authority, and no approved sentence of loss of files by an officer  be remitted or mitigated Em mm b any authority inferior to the President, except as provided in r»¤,'i».vo6. tliie fifty-second article. _ By c ommn dm When emlpowered by the President so to do, the commanding general ui the midi general of the Army in the  or the commanding eneral of the °°°' territorial department or division, may approve or congrm and coma mute (but not approve or confirm without commuting) mitigate, or remit and then order executed as commuted, mitigated, or remitted any sentence which under these articles requires e confirmation of the President before the Sa¤1o_I!}&y be executed. Unmuemd {WMF The power of remission or mitigation shall extend to all uncollected ¤¤•¤· forfeitures ad°udged by sentence of court-martial, Bmw and m,m_ Alu-. 50}. itmvmw; REHBARING--—The Judge Advocate General Mg do, ,wm¤_ shall constitute, in his offico, 8· board of review consisting of not less seaige. mm than three officers of the Judge Advocate Genex·al’s Department. Enm,,,,,m,,,’ em, Before any record of trial U1 which there has been adjudged a :l£b¥;&'gi1bY€°b°*é*h·§ sentence requiring approval or confirmation by the President under rmxamz. the revisions of article 46, article 48, or article 51 is submitted to the President, Such l'q00}‘d Sllol-l be oxamined by the board of review. Tmmjtm ,,;,,,,1,,. The board shall submit its opimon, in writing, to the Judge Advocate *¤¤· ¤°°· General, who shall, except as herein otherwise provided, transmit the record and the b0ard’s opinion, with his recommendations, directly to the Secretaryof War for the action of the President. Execution of Except as herein provided, no authority shall order the execution §_§,,;,§$§{’i,'}°,,°,j,§,9¤‘;S"§‘,‘, of any other sentence of a general court-martial involving the pen- bwct alty of death, dismissal not suspended, dishonorable discharge not suspended, or confinement in a penitentiary unlem and until the board of review shall, with the approval oi the Judge Advocate