Page:United States Statutes at Large Volume 41 Part 1.djvu/819

 798 SIXTY·SIXTH CONGRESS. Sms. H. C11. 227. 1920. ¤*’*°¤·” °' Wn- General, have held the record of trial upon which such sentence is Except if awwed based legally sufficient to support the sentence; except that the P P,. . . . a sentence mvolving drshonorable discharge or confnement m a penitentiary order its execution if it is base solely upon findings of guilt of a charge or charges and a specification or specifications to which the accused has pleaded guilty. When the board of review, with the approval of the Judge Advocate General, holds the record in a case in which the order of execution has been withheld under the provisions of this giragraph 1?ally sufficient to support the findings and sentence, e udge A vocate General shall so advise the reviewing or confirming authority from whom the record was Fm, mm H M received, who may thereupon order the execution of the sentence. orc held legauy me When in a case in which the order of execution has been withheld Mm" under the provisions of  paragraph, the board of review holds the record of trial legally insufficient to support the Endings or sentence, either m who e or m part, or that errors of law have been committed injuriously affecting the substantial rights of the accused, ammo vacated n)ndrdthefJudge Advogatglglieneral goncuns m znlcgllza hbolding nfdthe saamnsmn mmm oa o review suc n s an sentence e vaca e in “ *°°°'° *”%'m"*°“*· whole or in part, in accord wigh such holding and the recommendations of the Judge Advocate General thereon, and the record shall be transmitted through the proper channels to the convemng nutnlnrity fog tnlinhtnlantngdgr gnich otgieié action silsalniaytbe proper. . n e even e u e voca e enera no concur m a¤1¤i$i°ii°i°$a§g .i>S?r; the holding of the board of review, the Judge Advocate General @§,‘;,§.°§§““{,°‘f§,i§g“$,§ shall forward all the apers in the case, including the opinion of the bwd- board of review and his own dissent therefrom, directly to the Secretary of War for the action of the President, who may confirm the action of the reviewing authority or confirming authority below, in whole or in pargis with or witholntlremission, mitigafnoéilh or nornnlniutation, orma a rove, inw oeorin art, an n vo g y, and may disay rovldpor vacate the sentenge, in wliole or ih part. R°“"°’u‘g" When the gliesident or any reviewing or confirming authority dlilsappriovesbor vnlngtes ni segrételnce the exelnution ofdwhich han] not · New ,,0,,,, ,,,,_ thereto ore een y or er e may authorize or irect a re ear- R m t. in. Such rehearing shall talre place before a court composed of °S ° wm" ofgcerslnot mengmrs of this Eonnt w%ch iirtsitfheard th§ case. f Ulponl such re earin theaccuse s a not etrie or anyo enseo w ic he was foundgnot guilty by the iirst court, and no sentence in excess of or more severe than the original sentence shall be enforced unless rms., the sentence be based upon a finding of gmulty of an offense_not m;_g£gt}¤¤¤¤*·=4¤·'*Y considered upon the merits in the original proceeding: Ifrovuied That such re earing shall be had m all cases where a finding and sentence have been vacated by reason of the action of the board of review approved by the Judge Advocate General holding the record of trial legally insufficient to support the findin or sentence or that errors of law have been committed injuriousl; affecting the sub- Empmuv stantial rights of the accused, unless, in accord with such action, and the recommendations of the Judge Advocate General thereon, the findings or sentence are approved in part only, or the record is R h ws on mm returned for rev1sion,_or unless the case is dismissed by order of the or ¤iieP1?rr$s§re¤¤. reviewing or confirming authorit% After any such rehearing had on the ordzr ofhthn) Prgsidfent, the rlecord of trialdslnnll, lnften (nxamination y the oar o review, e transmitte the u e Advocate General, with the board's opinion and his reconirmendationi, Emmmcm in directly to the Secretary of War for the action of the President. _ ` by the board of review is not_hereinbefore in this article rovided for, shall nevertheless be exammed U1 the Judge Advocate General’s
 * "°"°’ gum" ro er reviewing or confirming authority may upon his approval of
 * §;1i;=:0¢}!,g;¤¢¤¤¤ Ge¤- Every record of trial by general corntmartial, examination of which