Many abbreviations of citations have of necessity been used but only the following will be explained: "R-" means "Navy Regulations, 1913," unless some other year is specifically mentioned or clearly apparent; thus "R-817 (7)" means "Navy Regulations, 1913, R-817 (7)." "File" means the files of the Secretary of the Navy (which includes the Office of the Judge Advocate General), unless some other department, bureau, or office is mentioned; thus "File 26251-12159, Sec. Navy, Dec. 22, 1916," means a letter signed by the Secretary of the Navy, dated December 22, 1916, and in general refers to a decision, while "File 26251-12159, J. A. G., Dec. 22, 1916," means a letter signed by the Judge Advocate General, dated December 22, 1916, and in general refers to an opinion. In addition to the above, "J. A. G." means "Brief and Opinion Book of the Judge Advocate General," containing letter-press copies of briefs and opinions; thus "14 J. A. G. 23” would mean Volume 14 of the Brief and Opinion Books of the Judge Advocate General, page 23. "C. M. O." means "CourtMartial Order." At one time such orders were designated "General Court-Martial Orders," but as a matter of convenience they are all cited as "C. M. O." "G. C. M. Rec. means "General court-martial record." Upon being received in the department and after final action is taken thereon each general court-martial record receives a number and is filed in the Office of the Judge Advocate General. This number is in addition to the file number which is placed upon the charges and specifications and all correspondence relating to the trial; thus "G. C. M. Rec. 29422, p. 2" means "General Court-Martial Record No. 29422, page 2." "G. O. means General Order of the Navy Department. Decisions of the Supreme Court of the United States are published officially in United States Reports, although the earlier volumes are known and generally cited by the names of the official reporter, Dallas, Cranch, Wheaton, Peters, Howard, Black, Wallace, and Otto; thus, "2 Dall. 23, "2 Cr. 25" or "2 Cra. 25" or "2 Cranch 25," "1 Wheat. 2," "2 Pet. 32," "1 How. 45," "2 Black 342,” “1 Wall. 46," and "1 Otto, 4." These may also be cited as are the official publications of later decisions, as, "232 U. S. 546," which would mean volume 232 of the decisions of the United States Supreme Court, page 546. Decisions of Inferior Federal Courts are found in Federal Cases (Circuit and District Courts) cited as "Fed. Cas." and extending from 1789 to 1880, and the Federal Reporter, cited as "Fed. Rep." or "Fed." and extending from 1880 to date. These reports do not include the decisions of the Court of Claims (a Federal court), which are published officially in the Court of Claims Reports cited as "Ct. Cls. or "C. C." or "C. Cls." "Op. Atty. Gen.," "Op. A. G.," and "A. G." means "Opinions of Attorneys General"; thus, "25 Op. Atty. Gen. 2" or "25 Op. A. G. 2" or "25 A. G. 2" means volume 25 of tne Opinions of Attorneys General, page 2. "Comp. Dec." means Decisions of the Comptroller of the Treasury"; thus, "19 Comp. Dec. 5" means volume 19 of the Decisions of the Comptroller of the Treasury, page 5. "R. S." means Revised Statutes of the United States. "Stat. means the United States Statutes at Large; thus, "35 Stat. 621" means volume 35 of the United States Statutes at Large, page 621.

NAVAL DIGEST.

ABBREVIATION.

1. Middle names in specifications-Christian names in specifications other than the first may be indicated by initial letters. C. M. O. 150, 1897, 3; 36, 1914, 6, 7; 4, 1916, 5. See also C. M. O. 1, 1914, 4; 5, 1914, 7; 40, 1914; 39, 1915. See also C. M. O. 23, 1911, 2, where first name was indicated by initial in court-martial order.

2. Sentences-Improper abbreviations-"U. S." for "United States." G. C. M. Rec. 21869, 21852, 21847, 21846, 21845, 22936, 23760. See also File 26504-76, Sec. Navy, April 5, 1910.

ABETTING. See AIDING AND ABETTING.

ABSENCE.

1. Accused during trial. See ACCUSED, 1-9.

2. Arrest during. See ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED, 3.

3. Counsel during trial. See COUNSEL, 1.

4. Death, presumption of.-Continued absence. See COMMON LAW, 7; LINE OF DUTY AND MISCONDUCT CONSTRUED, 18-21.

5. Leave of absence. See LEAVE OF ABSENCE.

6. Member from meeting of court. See MEMBERS OF COURTS-MARTIAL, 1-6.

7. Unauthorized-General court-martial charge. See ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED; ABSENCE FROM STATION AND DUTY WITHOUT LEAVE; DESERTION.

8. Same-Diseases contracted during. See ENLISTMENTS, 11; GENERAL ORDER No. 100, JUNE 15, 1914; MARINE CORPS, 30.

9. Same-Voluntary drunkenness is no defense to unauthorized absence. See ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED, 9, 10; DRUNKENNESS, 1. 10. Same-Duration or period of the unauthorized absence should be alleged in specifications-The length of an unauthorized absence should be set forth in the specification of a naval court-martial, as such allegation goes to show whether or not the offense is of an aggravated nature. File 26287-3016, J. A. G., June 25, 1915; C. M. O. 22, 1915, 4. See also ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 29; CHARGES AND SPECIFICATIONS, 92; DESERTION, 99.

11. Same-Department held that a specification of a naval court-martial, which merely alleged an unauthorized absence at a certain time, but not the period or duration of such absence, is sufficient in law and alleges an offense. (See C. M. O. 89, 1890; File 26287-1125; 1, J. A. G., Mar. 19, 1912; G. C. M. Rec. No. 30485, p. 754; Dynes v. Hoover, 20 How., 65.) File 26287-3016, J. A. G., June 25, 1915; C. M. O. 22, 1915, 4. But see ABSENCE, 10. See also CHARGES AND SPECIFICATIONS, 92.

It has been the custom and practice to allege the period of absence. See G. C. M. Rec. 383 (1821).

12. Same-Duration or period of-A man who was injured while absent without leave, was considered as so absent until the time that he reported, or some one reported in his behalf, as to his whereabouts. File 3901-04, J. A. G., May 3, 1904.

13. Same "Absence from station and duty without leave" and "Absence from station and duty after leave had expired" is properly chargeable as such under A. G. N. 8, paragraph 19. C. M. O. 5, 1914, 7; 49, 1915, 19.

14. United States, absence from--Inasmuch as the Territory of Hawaii is under the jurisdiction of the United States it was held that residence in Honolulu is not absence from the United States within the meaning of A. G. N., 61 and 62. File 6091, Nov. 5, 1906.

15. Without pay-Can not be granted officers. See LEAVE OF ABSENCE, 11, 12.

ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED. 1. Aggravating circumstances-Combined with-General courts-martial. See ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 12.

2. Same-Combined with-Summary courts-martial. C. M. O. 16, 1916, 6-7. See also ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 6.

3. Arrest and acquittal by civil authorities-A defense to-Where an accused is charged with "Absence from station and duty without leave" or "Desertion" and upon his trial by naval court-martial for the offense it is proved that his unauthorized absence was solely due to his arrest and detention by the civil authorities, which detention was followed by an acquittal in the civil court, the accused should be acquitted in the court-martial proceedings. If, however, the unauthorized absence was caused by the misconduct of the accused, as evidenced by his conviction in the civil courts, such facts do not constitute a legal defense to the unauthorized absence. C. M. O. 5, 1912, 3-14; 14, 1914, 4-6. See also File 26287-1008; 26287-1012; 3811-04; Op. J. A. G., Jan. 18, 1912; INTENT, 2. 4. Same-Where a commanding officer, arrested by the civil authorities, while absent without leave fails to make any report whatever of his whereabouts, either to his immediate superior or to the Secretary of the Navy, he must be held responsiblə for his resulting unauthorized absence, notwithstanding the fact that he may be acquitted by the civil courts when tried. C. M. O. 19, 1915, 9.

5. Arrest and conviction by civil authorities-Not a defense to. See ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED, 3.

6. Charge-Proper charge is "Absence from station and duty after leave had expired," and not "Absence overleave." C. M. O. 53, 1914, 5-6.

7. Clearly proved by the evidence-Accused should be found guilty. C. M. O. 49, 1915, 8. 8. Conduct to the prejudice of good order and discipline-Simple offense of "Absence from station and duty after leave had expired" not properly chargeable under. See ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 12.

9. Drunkenness, voluntary-In a case where an accused, charged with "Desertion," was found guilty in a less degree than charged, guilty of absence without leave, but without criminality" and acquitted, the department stated that it can not admit that a man absent from his station and duty for nearly seven months, whose only excuse was his own drunkenness at the time of leaving, was without blame and should be acquitted. The court erred in so finding, for no claim was made that the accused had been drugged, or forced into such drunken condition. Accordingly the proceedings, findings, and acquittal were disapproved, and the accused being an undesirable person for the naval service, discharged as undesirable, as an independent proceeding. C. M. O. 11, 1905, 2. See also DRUNKENNESS, 1. 10. Same-Voluntary drunkenness is never an excuse for an offense such as unauthorized absence, but in many cases is an aggravation. (See G. O. 110, p. 7.) C. M. O. 25, 1915, 2.

11. Duration of-Should be alleged in specification, etc. See ABSENSE, 10, 11; ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 39; CHARGES AND SPECIFICATIONS, 92. 12. Enlisted men-Comments in Court-Martial Orders regarding unauthorized absence of enlisted men. C. M. O. 23, 1912, 4; 25, 1914, 4; 49, 1915, 8.

13. Intent-Not necessary to allege or prove specific intent. C. M. O. 5, 1912, 9. See also ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 20; INTENT, 2.

14. Leave of absence-Burden of ascertaining time of expiration of leave of absence or liberty is on individual. See LEAVE OF ABSENCE, 3.

15. Officers-Charged with. C. M. O. 31, 1887; 48, 1888; 56, 1889; 614, 1890; 41, 1891; 20, 1894; 73, 1896; 136, 1901; 230, 1902; 203, 1902; 1, 1908; 38, 1909, 51, 1910; 29, 1912; 5, 1913; 13, 1914; 39, 1914; 47, 1914; 28, 1915; 40, 1883; 39, 1915; 4, 1913; 37, 1913; 39, 1915; 14, 1916; 39, 1916; 40, 1916; 42, 1916; 4, 1917; 8, 1917.

16. Overstaying leave Enlisted men tried by general court-martial-Should have been charged as "Absence from station and duty after leave had expired." C. M. O. 13, 1881.

17. Paymaster's clerk-Charged with. C. M. O. 38, 1913.

18. Prima facie case of-Where an accused was arrested by the civil authorities on the same day that his liberty expired and at a place which was approximately 400 miles from his station and duty, a distance which would require at least seven hours to cover, he is prima facie guilty of absence from station and duty after leave had expired, at least, unless the accused can satisfactorily show, in rebuttal, that the situation was not due in any manner to his own misconduct. C. M. O. 14, 1914, 4. See also JUDICIAL NOTICE, 1.

19. Warrant officers-Charged with. C. M. O. 35, 1912; 3, 1913; 23, 1914; 11, 1915; 10, 1879; 52, 1880; 49, 1888; 60, 1888; 189, 1901; 236, 1902; 15, 1903; 89, 1907; G. C. M. Rec. 11218, 20. Warrant officers (commissioned)-Charged with. C. M. O. 18, 1911; 37, 1914; 23, 1915; 25, 1915; 28, 1915; G. C. M. Rec. 19776; C. M. O. 14, 1917.

ABSENCE FROM STATION AND DUTY WITHOUT LEAVE.

1. "Absence without leave"-While at the present time this offense is charged as "Absence from station and duty without leave," it was charged as "Absence without leave" in the following instances: C. M. O. 7, 1881; 12, 1882; 15, 1882; 43, 1882; 48, 1882; 56, 1882; 23, 1883; 36, 1883; 39, 1883; 25, 1885; 19, 1889; 63, 1889; 42, 1891.

2. Same-Where an accused, charged with desertion, is found guilty in a less degree than charged, he should be found guilty of "Absence from station and duty without leave" or "Absence from station and duty after leave had expired," and not "Absence without leave" or "Absence over leave." C. M. O. 53, 1914, 5-6. See also FINDINGS, 2. 3 Acquittal of-Approval of acquittal of unauthorized absence entitles accused to pay during such absence. See PAY, 1. See also CONFINEMENT, 7; DESERTION, 9.

4. Same-Acquittal of "Desertion" is also acquittal of "Absence from station and duty without leave." See DESERTION, 9.

5. Aggravating circumstances-Combined with-General courts-martial. See ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 12.

6. Same-Combined with-Summary courts-martial-"Absence from station and duty without leave" combined with aggravating circumstances, being made up of two separate offenses, should be preferred in two specifications in a trial by summary court-martial. C. M. O. 16, 1916, 6-7.

7. Arrest and acquittal by civil authorities-As a defense to unauthorized absence. See ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED, 3, 4.

8. Arrest and conviction by civil authorities-Not a defense to unauthorized absence. See ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED, 3.

9. "Attempting to absent himself from his station and duty without leave"Enlisted man charged with. C. M. O. 15, 1889.

10. Charge-Proper charge is "Absence from station and duty without leave," not "Absence without leave." C. M. O. 53, 1914, 5-6.

11. Commanding officer-Charged with. C. M. O. 34, 1889; 19, 1915.

12. "Conduct to the prejudice of good order and discipline"-It is proper to charge an accused with both "Absence from station and duty after leave had expired" or "Absence from station and duty without leave" and "Conduct to the prejudice of good order and discipline" where the unauthorized absence was with the manifest intention of evading some particular duty (as coaling ship or a landing party), or service on some particular ship (as by missing ship). C. M. O. 6, 1908, 4-5; 5, 1914, 7; 25, 1914, 5; 3, 1916, 7-8. See also C. M. O. 6, 1915, 2; 12, 1915, 2; 16, 1915, 2; 20, 1915, 1; 27, 1915, 2; 42, 1915, 2.

13. "Desertion"-Accused should not be charged with both "Desertion" and "Absence from station and duty after leave had expired" or "Absence from station and duty without leave" for the same unauthorized absence. C. M. O. 49, 1910, 15-16; 23, 1910, 6; 5, 1914, 7. See also DESERTION, 5.

14. Same-Enlisted men acquitted by naval court-martial of the charge of "Desertion" are thereby acquitted by implication of the lesser offense of "Absence from station and duty after leave had expired" or "Absence from station and duty without leave." C. M. O. 14, 1914, 4-5.

15. Drunkenness, voluntary-Not an excuse for unauthorized absence. See ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED, 9, 10; DRUNKENNESS, 1. 16. Duration of-Should be alleged in specifications, etc. See ABSENCE, 10; 11; ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 29.

17. Extending over period of enlistment. See ENLISTMENTS, 9-11.

18. Finding of "Absence from station and duty without leave" on a charge of "Desertion" is an acquittal of "Desertion"-Every desertion includes an unauthorized absence and upon a trial for desertion the accused is tried for this unauthorized absence involved in the offense of desertion charged. If convicted of the lesser offense, the accused is acquitted, in law, of the greater offense of desertion. C. M. O. 17, 1910, 8-10. See also DESERTION, 6; 13 Op. Atty. Gen., 460. 19. Gist-Is the unauthorized absence. See ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 29.

20. Intent-Upon a charge like that of "Absence from station and duty without leave' it is not necessary to allege or prove any specific intent; but this does not apply to "Desertion," in which a specific intent permanently to abandon the naval service, or at least the pending contract of enlistment is impliedly alleged and must be proved. C. M. O. 10, 1911, 5-6; 5, 1912, 9. See also C. M. O. 10, 1911, 6; File 26251-3252; 262514200; INTENT, 1, 2.

21. Marine Corps enlistment. See MARINE ENLISTMENTS, 30; CORPS, 11.

22. Officers-Charged with. C. M. O. 3, 1882; 23, 1882; 35, 1883; 34, 1884; 5, 1885; 30, 1885; 58, 1889: 36, 1892: 42, 1894; 39, 1895; 104, 1896; 50, 1898; 132, 1897; 86, 1904; 1, 1905; 53, 1905: 108, 1905; 17, 1906; 51, 1907; 2, 1909; 22, 1909; 56, 1910; 13, 1910: 23, 1910, 7; 16, 1911; 28, 1911; 19, 1915; G. C. M. Rec. 6142; 6737; 7107; 7217; 6760; 6956; 11586. Midshipmen cases were as follows: C. M. O. 77, 1905; 67, 1906: 10, 1909.

23. Same Found guilty of "Absence from station and duty withoutl eave" may be reduced to rating of ordinary seaman. See REDUCTION IN RATING, 24-27.

24. Pay-Enlisted men acquitted by naval court-martial of desertion, and thereby acquitted by implication of the lesser offense of unauthorized absence, are entitled to pay during the period of their alleged desertion, if such acquittal be approved. C. M. O. 14, 1914, 4; 49, 1915, 8. See also PAY, 1, 2.

25. Paymaster's clerk-Charged with. C. M. O. 3, 1903; 31, 1905; G. C. M. Rec. 12768. 26. Period-Of the unauthorized absence should be alleged in the specifications, etc. See

ABSENCE, 10-11; CHARGES AND SPECIFICATIONS, 92; ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 29. 27. Reduction in Rating-Officers may be reduced to rating of ordinary seaman if found guilty of "Absence from station and duty without leave." See REDUCTION IN RATING, 24-27. 28. Specifications-Period or duration of unauthorized absence should be alleged in specifications, etc. See ABSENCE, 10-11; CHARGES AND SPECIFICATIONS, 92; ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 29.

29. Time of beginning-Gist of the offense is the unauthorized absence, and an incorrect allegation in the specification of time of beginning of such unauthorized absence is not a substantial defect, and such defect is waived by a plea of "guilty." In this offense it is the act itself and not the time that is the necessary element. File 262871125, J. A. G., March 19, 1912. See also ABSENCE, 10, 11; CHARGES AND SPECIFICATIONS, 92.

30. Trial for When extending over period of enlistment. See ENLISTMENTS, 9-11. 31. Warrant officer-Charged with. C. M. O. 114, 1894; 142, 1897; 164, 1901; 80, 1904; 30, 1905; 86, 1905; 102, 1905; 62, 1905; 93, 1906; 96, 1906; 65, 1907; 117, 1907; 32, 1910; 17, 1912: 31, 1912; 11, 1916; G. C. M. Rec. 20746; 20286; 8277; 10015.

32. Warrant officer, acting-Charged with. C. M. O. 102, 1905; 120, 1907.

33. Warrant officer (commissioned)-Charged with. C. M. O. 78, 1907; 32, 1912. 34. "Without leave from proper authority"-Found not proved. Finding disapproved. File 26251-12739, Sec. Navy, Jan., 1917.

ABSENCE WITHOUT LEAVE AND OUT OF UNIFORM ASHORE.

1. Charge criticised by department.-A fleet convening authority preferred this charge against an accused. The department stated that it was extremely irregular in that it contained more than one offense "of a perfectly distinct nature" (R-712(2)), and is not phrased in the form prescribed. It is obvious that the court erred when "it found the charges and specifications in due form and technically correct." C. M. O. 35, 1915, 6-7. See also CHARGES AND SPECIFICATIONS, 53.

ABSENTING HIMSELF FROM HIS COMMAND WITHOUT LEAVE. 1. Officer-Charged with. C. M. O. 34, 1889.

ABSENTING HIMSELF FROM HIS POST OF DUTY IN TIME OF DANGER. 1. Officers-Charged with. C. M. O. 21, 1883; 22, 1883.

ABUSIVE AND PROFANE LANGUAGE.

1. Specification of-The objectionable language used by the accused must be set forth in the specification alleging its use. C. M. O. 7, 1911, 13. 2. Under Massachusetts statutes-On this subject. See File 26251-2993:12. ABUSIVE LANGUAGE TOWARD OTHER PERSONS IN THE NAVY. 1. Duplicity-Where the accused used abusive language toward three other enlisted men, the department stated that the rules of pleading as to duplicity required that three separate specifications should have been used, instead of only one. The convening authority (fleet), after commenting upon several irregularities, approved the proceedings, findings, and sentence. C. M. O. 150, 1897, 2-3. See also C. M. O. 160, 1897, 2.

2. Wrong phraseology-In the above case the department held that it would have been better pleading had each of the three allegations embraced in the one specification been made the basis of a separate specification, and that the charge, to conform to the department's practice in such matters, should have been Using abusive language toward another person in the Navy." C. M. O. 150, 1897, 3.