ACADEMIC BOARD OF THE NAVAL ACADEMY. 1. Ensigns-Appointment of. See APPOINTMENTS, 17. 2. Function and duties of-The Academic Board was first given powers with respect to the final graduating examination of midshipmen by the act of August 5, 1882 (22 Stat., 285). The change then made in the law must have been due to a change in the regulations of the Naval Academy, which have now (1910) for many years provided that the final graduating examination shall be conducted by the Academic Board instead of a special examining board, as was originally the case. File 5252-36, J. A. G., May 5, 1910, p. 6. 3. Origin, powers, etc. See File 5146, J. A. G., June 23, 1906; 5146:1; 5146:2. 4. Recommendation of is not final-The commendation of the Academic Board that a midshipman found deficient upon examination for promotion to ensign be dropped from the service is not final; but such recommendation may be disapproved by the department and the midshipman continued in the service until further reports on fitness in his case may be received and considered by the department. File 5252-36, J. A. G., May 5, 1910. See also Comp. Dec., Aug. 23, 1913, 20 Comp. Dec. 141; File 26254-1277:1, re power of Academic Board in case of midshipmen found physically deficient. ACADEMY, NAVAL. See NAVAL ACADEMY. ACCEPTANCE OF RESIGNATIONS. See RESIGNATIONS. ACCESSORIES. See also EXEMPTIONS IN SENTENCES, 1. 1. Sentence-Used in. See Weems v. U.S. (217 U. S., 349); Grafton v. U. S. (206 U.S., 333); Navy Regulations, 1913, R-816 (4). See also SENTENCES, 3, 49. ACCIDENT POLICY. 1. Medical certificate on accident policy-Naval surgeons are without authority to sign unofficial medical certificates on accident policies of officers. File 26806-15. See also File 5195–61:1; C. M. O. 29, 1915, 7; MEDICAL RECORDS, 3-5. ACCOMPLICE. 1. Officer issuing an order-Which is illegal as applied to the existing facts, and does so either knowingly or in culpable disregard of what conditions exist, is an accomplice in the illegal action taken by his subordinate pursuant to such order. C. M. O. 37, 1915. 2. Sodomy. See SODOMY, 6. ACCOUNT, NAVAL SUPPLY. See File 24482-31, J. A. G., Feb. 17, 1911; 24482-34, J. A.G., May 1, 1911. ACCUMULATION OF OFFENSES. 1. Offenses-Shall not be allowed to accumulate in order that sufficient matter may thus be collectively obtained for a trial, without due notice to the offender. C. M. O. 38, 1894, 2. See also CHARGES AND SPECIFICATIONS, 3. 2. Plea in bar of trial-On ground that offenses were allowed to accumulate. The plea was not allowed by the court. C. M. O. 38, 1894, 2, 3. ACCUSED. 1. Absence of-Naval courts-martial are empowered to require the presence of the accused during the entire proceedings and should always exercise this power to avoid any possible irregularity. While an irregularity of this character does not necessarily invalidate the proceedings, the department looks upon it with great disfavor. C. M. O. 51, 1914, 2. See also G. C. M. Rec. No. 21223; 24633; 29422; File 26251-9996:2; Simon v. Craft, 182 U. S., 427, 435; Frank v. Mangum, 237 U. S., 309; Weirman v. U. S., 36 Ct. Cls., 236; REVISION, 1. 2. Same-The action of a naval general court-martial in permitting the accused, upon a request made expressly by himself and not merely by counsel, to be absent from the immediate presence of the court during the testimony of expert witnesses for the defense concerning the physical and mental condition of the accused, did not invalidate the proceedings, such action being due to humanitarian considerations based upon representations of counsel for accused as to latter's health, and that it would be cruel" to require his personal attendance during specified portions of the trial. C. M. O. 51, 1914, 1-2. See also ACCUSED, 1; BRIG. SOMERS Case (1843), p. 189. 3. Same The judge advocate should not be present in the court room during closed court. However, the presence of the judge advocate when a naval court-martial is closed for deliberation, and when the accused, his counsel, and spectators have consequently withdrawn, while a grave irregularity and a disregard of Navy Regulations, 1913, R-787 (3), the provisions of which are directory only and not mandatory, would not necessarily render the proceedings invalid. C. M. O. 51, 1914, 1, 2; 6, 1915, 6; 41, 1915, 10; 49, 1915, 10, 12, 14. See also C. M. O. 88, 1895, 12; 1, 1897, 1-2; G. C. M. Rec. No. 24633; File 26251-5558; 26251-9996:2; 212 Fed. Rep., 569; JUDGE ADVOCATE, 104, 105. But see C. M. O. 61, 1894, 3; 127, 1900, 1; 216, 1901, 2. 4. Same "According to the record the accused was not present when the various witnesses were called before the court to correct their testimony. Some of the corrections made showed material changes in the evidence given, and the action of the court in conducting this part of the proceedings without the attendance of the accused was illegal." In view of this fact and of other irregularities the department disapproved the proceedings. C. M. O. 44, 1909. See also G. C. M. Rec. No. 21223. But see ACCUSED, 1, 2, holding that such irregularity as this does not necessarily invalidate. 5. Same-If a statement as set forth in a general court-martial record that the accused withdrew after completing his testimony, "was a true report of the proceedings followed the subsequent proceedings were illegal in that they were held during the absence of the accused." C. M. O 47, 1910, 7-8; 23, 1910, 5. But see ACCUSED, 1, 2. 6. Same The record was returned to the court for revision to correct the record as to the notations regarding the arraignment of the accused who had been tried in joinder. "The accused were not present at the revision as they should have been, since the arraignment occurred in open court.". The department because of this irregularity and other reasons "accordingly disapproved the proceedings and findings" and "set the sentence aside." C. M. O. 78, 1905, 1. But see ACCUSED, 1, 2. 7. Same Where the record by the omission of an entry on the record fails to show the accused present during a step in the proceedings but the record taken as a whole showed him present continuously during the trial, the department held that the irregularity was merely a "clerical error." C. M. O. 47, 1910, 7-8; 12, 1911, 3. 8. Same Clerical errors in general court-martial records may be amended by the court in revision without the presence of the accused. See RECORD OF PROCEEDINGS, 26, 27. 9. Same Where the court received evidence with reference to a plea in bar of trial, during the absence of the accused, the department, while approving the conclusions reached stated "the mode of introducing that proof was wholly irregular, and is disapproved." G. O. 152, March 29, 1870. See also COURT, 22. 10. Admissions in open court-Of certain allegations in the specifications. See AD MISSIONS, 1. 11. Affidavit--Inadmissible in connection with accused's statement. See AFFIDAVITS, 7. 12. Amenability of, to trial-Statute of limitations having run. See STATUTE OF LIMI TATIONS. 13. Arraignment of accused. See ARRAIGNMENT. 14. Arrest, released from-Record should show that accuesd (officer) in proper cases was released from arrest and restored to duty. See ARREST, 8, 9, 27. 15. Caution, to-As to incriminating himself when a witness. See SELF-INCRIMINATION, 8. 16. Same-When resuming his status after testifying. See WITNESSES, 10. 17. Character-Official record of accused is best evidence of his character. C. M. O. 1, 1914, 5, 7. See also EVIDENCE, 12. 18. Same-When evidence as to character of accused may be placed in evidence. See EVIDENCE, 12-22. 19. Same-Witnesses as to character of accused will not be subpoenaed from other stations at Government expense. C. M. O. 1, 1914, 5, 7. See also EVIDENCE, 12; WITNESSES. 20. Charges and specifications-Copy of furnished accused. See CHARGES AND SPECIFICATIONS, 4, 5, 18. 21. Confession by--When admissible. See CONFESSION. 22. Constitutional rights of. See CONSTITUTIONAL RIGHTS OF ACCUSED. 23. Continuance-Should be granted accused by court, if request for is reasonable and it is practicable to do so. See CONTINUANCES. 24. Convening authority-Action of will be furnished by department upon application of accused. C. M. Ö. 21, 1909, 2. See also ACCUSED, 36; RECORD OF PROCEEDINGS, 32. 25. Copy of charges and specifications-Received 10 days before trial. See CHARGES AND SPECIFICATIONS, 18. 27. Crimination. See SELF-INCRIMINATION. 28. Cross-examination-The accused has a right to cross-examine witnesses and the record must show that the accused was given the opportunity to cross-examine the witnesses against him. See CONSTITUTIONAL RIGHTS OF ACCUSED, 16. 29. Defense of-Precluded by plea of "guilty." See EVIDENCE, 50-53. 30. Definition of-Use of term "accused" in trials in joinder. See JOINDER, TRIAL IN, 14. 31. Deposition-Prior notice should be given accused of intention to use. See DEPOSITION, 1. 32. Designation and name of accused-Should appear in sentence. See SENTENCES, 33. 33. Discharged as undesirable-After acquittal. C. M. O. 11, 1905, 2. 34. Same-After case was disapproved. C.M. O. 39, 1905, 2; 78, 1905, 1. 35. Errors without injury. See ERROR WITHOUT INJURY. 36. Findings, sentence, and action of convening authority-Will not be furnished the accused until after the publication of the sentence, or, in trials ordered by the department, they will be furnished by the department upon application of the accused. See RECORD OF PROCEEDINGS, 32. 37. "Guilty," plea of-Waives defects in specifications. See ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 29. 38. Same After plea of "Guilty," accused may introduce only evidence in extenuation, of a palliative nature, and of good character. See EVIDENCE, 50-53. 39. Same-Judge advocate not even to suggest. See JUDGE ADVOCATE, 34. 40. Same-Precludes regular defense. See EVIDENCE, 50-53. 41. Half-witted. See INSANITY, 20. 42. Identity of Essential in proving fraudulent enlistment. See FRAUDULENT ENLISTMENT, 51. 43. Incrimination. See SELF-INCRIMINATION. 44. Insane. See INSANITY. 45. Irresponsible. See INSANITY, 20, 27. 46. Joinder-Trial in. See JOINDER, TRIAL IN. 47. Judge Advocate-Relation to accused before and during trial. See JUDGE ADVOCATE, 25, 28-44, 86. 48. Mute-When arraigned. See ARRAIGNMENT, 18-24. 49. Name and designation of accused-Should appear in sentence. See SENTENCES, 33. 50. Name of accused-Middle name may be abbreviated in specifications. See ABBREVIATION, 1. 51. Offense-More serious if committed by officer on duty at Naval Academy. C. M. O. 14, 1915. 52. Same-More serious when committed by an accused of long service and who has been entrusted by his superiors with a position of responsibility, as an offense committed by such a man has a far more detrimental effect upon the naval service because of the example which he thereby sets his subordinates and others likely to be influenced by his misconduct. C. M. O. 1, 1914, 8. 53. Pay, forfeiture of-Should, in general, be remitted only as an act of clemency to accused. See ALLOTMENTS, 6; PAY, 23. 54. Pay account of-A statement of the pay account status of an accused is not contemplated in the procedure for general courts-martial, and is made a part of summary court-martial procedure merely as an aid to such a court-martial in preventing an excessive or illegal sentence. Č. M. O. 28, 1910, 4. See also File 3980-1051. 55. Physical condition of-Court should not consider in adjudging sentence. See CLEMENCY, 41, 42. 56. Plea of guilty-Waives defects in specifications. See ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 29. 57. Sentence-Will be furnished by department upon application of accused. See ACCUSED, 36; RECORD OF PROCEEDINGS, 32. 58. Statement in presence of accused-Admissible in evidence. C. M. O. 214, 1902. See also DESERTION, 125; STATEMENTS MADE IN PRESENCE OF ACCUSED. 59. Statement of accused. See STATEMENT OF ACCUSED. 60. Testimony of-The testimony of the accused unsupported by other corroborative evidence should not be accorded entire credit. See WITNESSES, 4, 7. 61. Trial-Accused is solely responsible for informing his natural or legal guardians or relatives of the fact that he is to be tried by general court-martial. C. M. O. 27, 1915, 10. See also CHARGES AND SPECIFICATIONS, 18. 62. Warning-It is not necessary that the accused should be warned that any statement he might make would be used against him as evidence. See CONFESSIONS, 26, 27. 63. Same-It is improper and contrary to the Navy Regulations to warn or caution the accused, after he has been a witness, not to converse upon matters pertaining to the trial. See WITNESSES, 10. 64. Same-Accused should be warned as to the effects of his plea of "guilty"-Where this was not done the department disapproved. C. M. O. 47, 1892; 84, 1894, 3. See also C. M. O. 5, 1911, 4; WARNING, 2. Note.-This irregularity is not, in general, necessarily fatal. 65. Withdrawal of. See ACCUSED, 5. 66. Witness-Accused as witness. See WITNESSES, 1-11. 67. Youth-Of accused as grounds for clemency. See CLEMENCY, 67–71. ACCUSER. 1. Court of inquiry-Accuser can not demand a copy of the record. See COURTS OF INQUIRY, 1, 12. ACQUITTAL. 1. Absence, authorized-Approval of acquittal of unauthorized absence entitles accused to pay during such absence. See PAY, 1. See also CONFINEMENT, 7; DESERTION, 9. 2. Same-Acquittal of desertion is also acquittal of absence from station and duty without leave. C. M. O. 14, 1914, 4-5. See also ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 14; DESERTION, 9; PAY, 1. 3. Same-Acquittal of a charge of unauthorized absence is also an acquittal of desertion. Finding of "absence from station and duty without leave" on a charge of "desertion" is an acquittal of "desertion." C. M. O. 17, 1910, 8-10. See also ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 18; DESERTION, 6. 4. Arrest and acquittal by civil authorities-As a defense. See ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED, 3, 4. 5. Authorized forms of acquittal-There are only four authorized forms of acquittal in naval court-martial procedure: (a) Simple acquittal, (b) "fully acquit," (c) "honorably acquit," (d) "most fully and honorably acquit." The foregoing supersedes the forms of acquittal given in Forms of Procedure, 1910, p. 40, and the use of any other form is prohibited. C. M. O. 29, 1916, 2-3. 6. Court-martial orders-Published where officers acquitted of all charges (File 26504189, Sec. Navy, Mar. 18, 1910, overruled). C. M. O. 26, 1906; 4, 1908; 5, 1908; 35, 1908, 32, 1915; 36, 1915; 38, 1915; 41, 1915; 21, 1916; 40, 1916. See also ACQUITTAL, 24; COURT-MARTIAL ORDERS, 1. 7. Disapproval of findings and acquittal-In cases of officers. C. M. O. 44, 1883, 5; 3, 1884, 3; 48, 1907; 14, 1914, 5; 29, 1914, 10; 32, 1915; 38, 1915, 5; 41, 1915; 24, 1916, 5. 8. Same-In cases of commissioned warrant officers. C. M. O. 28, 1915, 3; 36, 1915. 9. Same-Because the judge advocate tried case out of court. C. M. O. 42, 1915, 8. 10. Same-Department disapproved the findings and acquittal as an approval might mislead courts-martial. C. M. O. 14, 1914, 5-6; 29, 1914, 10. See also C. M. O. 41, 1885. 11. Dismissal-Acquittal of accused (paymaster's clerk) approved but accused dismissed from naval service. C. M. O. 160, 1901. But see C. M. O. 15, 1902. 12. Embezzlement-Effect of acquittal on the financial responsibility of accused. C. M. O. 39, 1913, 11. See also EMBEZZLEMENT, 25. 13. "Entirely"-Court did "entirely acquit" accused. C. M. O. 115, 1894. 14. Finding of "Not guilty"-Should be followed by a statement of acquittal. See FINDINGS, 63. 15. "Fully acquit." C. M. O. 44, 1883, 3; 59, 1903; 28, 1907; 5, 1908; 32, 1909; 41, 1909; 29, 1916; G. C. M. Rec. No. 31423. The use of this form of acquittal indicates that a court not only fails to find a charge proved beyond a reasonable doubt, but that it finds no facts whatever, as brought out by the evidence introduced in the case, which reflect adversely on the conduct of the accused in connection with matters pertaining to the charge and specification. In other words, a court should not "fully acquit" in cases where the record shows any uncontroverted facts whatever reflecting upon the accused. C. M. O. 29, 1916, 2. 16. "Fully and honorably." See CRITICISM OF COURTS-MARTIAL, 22; File 26251-12159. 17. Handwriting-An acquittal should be recorded in the hand writing of the judge advocate. C. M. O. 29, 1914, 5. 18. "Honorably acquit." G. O. 118, Mar. 27, 1869; C. M. O. 28, 1882. This form is to be employed only in cases where the offense charged is, besides being an offense against military authority, of such a character that a conviction thereof would tend to dishonor the accused, such as, for example, a charge of "Con 20. duct unbecoming an officer and a gentleman." This acquittal, as in the case of a full acquittal, should never be used if the record shows any adverse, uncontroverted evidence reflecting upon the accused. C. M. O. 29, 1916, 2. 19. "Most fully and honorably." C. M. O.214, 1901; 38, 1905, 2; 48, 1907; 5, 1913, 2, 7, 12, 13; 27, 1913, 6; 41, 1915; File 26251-12159, Sec. Navy, Oct. 7, 1916, p. 6: DEBTS, 24. Same-The court not only acquitted the accused but did "most fully and honorably acquit" him, this being the very highest degree of the six different forms of acquittal known to naval procedure. By such action the court in effect puts the highest stamp of approval upon the actions of the accused. (C. M. O. 5, 1913; 27, 1913, 9 File 26251-7776.) An acquittal of this character would mean not only that the accused was blameless but that his conduct was creditable, and that he was not only not negligent, but that he zealously guarded the interests of the Government at all times. C. M. O. 41, 1915, 11. This form should be used only in extreme cases, in which not only have the requirements of "full" and "honorable" acquittals been fulfilled, but in which the court wishes to place the highest stamp of approval upon the actions of the accused in connection with the matters covered by the specifications. The use of this form of acquittal might, for example, be justified in the case of an officer charged with unbecoming conduct in battle if the court wished to make it a matter of record that, far from considering the conduct of such officer censurable, it both approved and commended his conduct. (For examples of an improper use of this form of acquittal, see C. M. O. 5, 1913, 3; 27, 1913, 9; 41, 1915, 11.) C. M. O. 29, 1916, 2. It will be noted that there is no legal distinction between a simple acquittal and 24. Same Court-martial orders shall be published where officers are acquitted of all the 26. 27. Setting aside-There is no power to set aside the verdict of acquittal, and the accused 28. Warrant officers (commissioned) acquitted-Acquitted of some but not all of the 30. Without prosecution-Where the accused pleaded "Not guilty" and the recorder |