Page:United States Statutes at Large Volume 62 Part 1.djvu/658

 PUBLIC LAWS-CaL 625-JUNE 24, 1948 41 Stt. 747 a) SEC. 202. Article 2, subparagraph (a), is amended to read as follows: 10U. S . 0.§1473 (a) " Supp. I,§ 1473note. "(a) All officers, warrant officers, and soldiers belonging to the Regular Army of the United States; all volunteers, from the dates of their muster or acceptance into the military service of the United States; and all other persons lawfully called, drafted, or ordered into, or to duty or for training in, the said service, from the dates they are required by the terms of the call, draft, or order to obey the same;" 41 Stat. 788 . SEC. 203. Article 4 is amended to read as follows: "ART. 4. WHO MAY SERVE ON COURTS-MARTIAL. - A l l officers in the military service of the United States, and officers of the Marine Corps when detached for service with the Army by order of the President, shall be competent to serve on courts-martial for the trial of any per- sons who may lawfully be brought before such courts for trial. warrant offcers. "All warrant officers in the active military service of the United States and warrant officers in the active military service of the Marine Corps when detached for service with the Army by order of the President, shall be competent to serve on general and special courts martial for the trial of warrant officers and enlisted persons, and persons in this category, shall be detailed for such service when deemed proper by the appointing authority. Enlisted persons. "Enlisted persons in the active military service of the United States or in the active military service of the Marine Corps when detached for service with the Army by order of the President, shall be competent to serve on general and special courts martial for the trial of enlisted persons when requested in writing by the accused at any time prior to the convening of the court. When so requested, no enlisted person shall, without his consent, be tried by a court the membership of which does not include enlisted persons to the number of at least one third of the total membership of the court. Qualification, selec- "When a co ition etc. "When appointing courts-martial the appointing authority shall detail as members thereof those officers of the command and when eligible those enlisted persons of the command who, in his opinion, are best qualified for the duty by reason of age, training, experience, and judicial temperament; and officers and enlisted persons having less than two years' service shall not, if it can be avoided without manifest injury to the service, be appointed as members of courts-martial in excess of minority membership thereof. No person shall be eligible to sit as a member of a general or special court-martial when he is the accuser or a witness for the prosecution." 1 SUt.. 7 1476. SEC. 204. Article 5 is amended to read as follows: "ARr. 5. GENERAL COURrT-MARTIAL .--General courts-martial may consist of any number of members not less than five." 10 U.aS.7. 1477. SEC. 205. Article 6 is amended to read as follows: "ART. 6. SPECAL COURTs-MARTLL. -Special courts-martial may consist of any number of members not less than three." 10U. S. C.I14. EO. 206. Article 8 is amended to read as follows: "ART. 8 . GENERAL COURTS-MATIAL .- T he President of the United States, the commanding officer of a Territorial department, the Super- intendent of the Military Academy, the commanding officer of an Army group, an Army, an Army corps, a division, a separate brigade, or corresponding unit of the Ground or Air Forces, or any command Pp. 63 to which a member of the Judge Advocate General's Department is assigned as staff judge advocate, as prescribed in article 47, and, when empowered by the President, the commanding officer of any district or of any force or body of troops may appoint general courts-martial; but when any such commander is the accuser or the prosecutor of the person or persons to be tried, the court shall be appointed by superior competent authority, and may in any case be appointed by superior authority when by the latter deemed desirable. 628 [62 STAT.

�