Page:United States Statutes at Large Volume 62 Part 1.djvu/662

 PUBLIC LAWS--CI 625-JUNE 24, 1948 ber object thereto, the court shall be cleared and closed and the ques- tion decided by a majority vote, viva voce, beginning with the junior Finality of ruling. in rank: And provided further, That any such ruling made by the law member of a general court-martial upon any interlocutory ques- tion other than a motion for a finding of not guilty, or the question of accused's sanity, shall be final and shall constitute the ruling of the court; but the law member may in any case consult with the court, in closed session, before making a ruling, and may change any ruling made at any time during the trial. It shall be the duty of the law member of a general or the president of a special court- martial before a vote is taken to advise the court that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond a reasonable doubt, and that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt shall be resolved in the accused's favor and he shall be acquitted; if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no such doubt; that the burden of proof to establish the guilt of the accused is upon the Government." 41 stat. 74. S7O. 217. Article 36 is amended to read as follows: "ART. 36. DIsrosPrrS N OF RECORDS-SPECIAL AND SUMMARY COURTS- MARTALT.- A fter having been acted upon by the officer appointing the court, or by the officer commanding for the time being, the record of each trial by special court-martial and a report of each trial by sum- mary court-martial shall be transmitted to the headquarters of the officer exercising general court-martial jurisdiction over the command, there to be filed in the office of the staff judge advocate: Provided, Review of record. however, That each record of trial by special court-martial in which the sentence, as approved by the appointing authority, includes a bad- conduct discharge, shall, if approved by the officer exercising general Post, p. 634. court-martial jurisdiction under the provisions of article 47, be for- warded by him to The Judge Advocate General for review as herein- Destruction of reo- after in these articles provided. When no longer of use, records of summary courts-martial may be destroyed as provided by law govern- ing destruction of Government records." 41 Stat. 794. SEC. 218. Article 38 is amended to read as follows: 10U. .c. 1509. "ART. 38. PRESIDENT MAY PRESCRIBE RmLEs.- T he President may, by regulations, which he may modify from time to time, prescribe the procedure, including modes of proof, in cases before courts-martial, courts of inquiry, military commissions, and other military tribunals, which regulations shall, insofar as he shall deem practicable, apply the principles of law and rules of evidence generally recognized in the trial of criminal cases in the district courts of the United States: Provided,That nothing contrary to or inconsistent with these articles CPresenttion to shall be so prescribed: Providedfurther,That all rules and regulations made in pursuance of this Article shall be laid before the Congress." 10 ut.t 7SC § 1510 SEC. 219. Article 39 is amended to read as follows: supp. I, §1510 note. "Arr. 39. As TO TIME. - Except for desertion or absence without leave committed in time of war, or for mutiny or murder, no person subject to military law shall be liable to be tried or punished by a court-martial for any crime or offense committed more than two years Deseoninteof before arraignment of such person: Provided, That for desertion in time of peace, rape or for any crime or offense punishable under P f P.M 4. articles 93 and 94 of this code the period of limitations upon trial and Excusions frompe- punishment by court-martial shall be three years: Provided further, riods of limitation. That the period of any absence of the accused from the jurisdiction of the United States, and also any period during which by reason of some manifest impediment the accused shall not have been amenable to military justice, shall be excluded in computing the aforesaid Crimes bared. periods of limitation: Provided further, That this article shall not 632 [62 STAT.

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