Page:United States Statutes at Large Volume 70A.djvu/107

49 49 under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf. (d) The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute jurisdictional error. § 833. Art. 33. Forwarding of charges When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay. § 834. Art. 34. Advice of staff judge advocate and reference for trial (a) Before directing the trial of any charge by general courtmartial, the convening authority shall refer it to his staff judge advocate or legal officer for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under this chapter and is warranted by evidence indicated in the report of investigation. (b) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made. § 835. Art. 35. Service of charges The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. I n time of peace no person may, against his objection, be brought to trial before a general courtmartial within a period of five days after the service of the charges upon him, or before a special court-martial within a period of three days after the service of the charges upon him. SITBCHAPTER VII. — T R I A L P R O C E D U R E Sec. Art.

S3G. S37. S,SiS. 839. 840. S41. 842. 843. 844. 84.". 846. S47. 848. 849.

3<>, President may prescribe rules. 37. Unlawfully influencing action of court. 38. Duties of trial counsel and defense counsel. 39. Sessions. 40. Continuances. 41. Challenges. 42. Oaths. 43. Statute of limitations. 44. Former jeopardy. 4.">. Pleas of the accused. 46. Opportunity to obtain witnesses and other evidence. 47. Refusal to appear or testify. 48. Contempts. 49. Depositions.

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