Page:United States Statutes at Large Volume 44 Part 1.djvu/247

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233 TITLE 10.— •»m.,.Cs,; by him, before the acts thereon, 1 to his stef judge‘~ m§yl·l·:lll‘ GY to the Advocate G€D¢?Y$1.‘ No S€I1t6]'lC€’ of ‘ 3 ·i—l»in·t-niartial shall beparrled into execution until- the same Emu hggyg been approved by the oQcer appointing. the court hor by the omcer commanding for the time being. · (June 4, logo, c. 227, Subchapter Il, 5 1, 41 Stat. 796;) . . · , ·· 1518. Powers incident to power to approve (article 47).-s a Tile power to approve the sentence of a court·martial shall so held to ineludezr `; i " L _. A " ‘ mf; The power to approve or disapprove. a nndlng and to ,,;.;ln»k·e onlyso much. of a finding of guilty ot a particular of-` o·n;l· as lnrolvesa nndlng of guiltyot avlesser included offense ,,;,,.,,,1n me eminent the authority 'havlng power to approve,. sin- evidence ot.record.r<-aquirw a finding of only "the—lesser_ t1.—;;¤·l~e of guilt; and: ‘ . . pp · __ » p » it an The powerto approye or disapprove-_the-_wliole for. any purl tif tll€‘S€!1l€H£8. ,` é . . u _ _ - ~ ‘ ·· ·· `-(C) The power to.; remand a— case for Q rehearing, under the pylwisions ot. article__ 50%;, ‘*‘(Jt1ne Q, 1920, c, ,227,._subchapter ll.§l,41Stnt.`7%;)_ 1 Xp ‘ _ . i ·— · 1519. Co¤§r¤a®:· when required (article 48).--—];n addition , to the npnwrul required by article. 46, condrmation by_ the · lnsident is required in the following cases before the sentence or a eourtmartial lscarried into: execution, namely: 7 ‘ n , __ tal Any sentence respecting ageneral omcer. ‘ ·* A cli) Any sentence extending to the dismissal of an _ oQcer,·_ 4»xt·l·pt that in time of `war.a—sentel1<!<3 extending to_ the dis-_ -niissa`l of an omcetjbelow the grade of brigadler general rnay in carried into execution upon .conil·rmation.by,tl1e commanding P ·’ snncral of the Army in the held ole by the compiandlng general _ of me territorial department or division; ’: te) Any sentenceextending to the suspe¤sion· or dismissal 1 of associ.; and af . _ · _ ` _ ` ld) Any sentence ot death, except: in the cases of persons i···m·icted in time ot `war of murder, ITQDQ, mutiny; desertion, · or as spies; and in such excepted cases asentenco of death niaylsc carried into execution, subjectto the provisions ot -ar—` li<·!<· 50%, upon connrrnation by the 'comxnanding general of ~ the Arnny in the Held orhy `the commanding "general of the territorial department or division. _ " - when the authority competent‘to_ confirm thelsentence has

'»lrj<·a·¤ly acted as the approving authority no additional coniirmation by him is necemry. (June 4, 1920, cl 227, subchapter ‘

ll. §_1, 41 Stat. 796.) P · ” » . l · ‘ 1520., Powers incident to power to conlirm (article @9).-—· ’l‘il·· ;»oa·er to conlirm the sentence of a courvmartlal shall be laid to include: I ~ `° A ° _ ° ’ " lv) The power to condrnr ei disapprove a llnding, and to .¢·<aillil‘lll so much only ot a nndlng ot guilty ot a particular ··n`<·zzsc as involves a. nnding of guiltyof a lesser included off*·¤~<: when, in the opinion of the authority. having ,p0We1‘_ lo coniirm, the evidence ot record requires a dndlng ot only 4 the lesser degree of guilt; and _ · _ I -4 _‘ lb) The power to condrnror disapprove the whole or any part of theasentence. _ ’ _- ‘ as lc) _The power to remand a for rehearing, under the mwisions of article 50%. (June 4, 19%, c. 227, subchapter ii. § ll, 41 Stat. 797.), _ l _ I. A . " l521. Mitigation or remission of sente¤ces__ (article 50).-—— ‘1‘llc power to order the execution ot the sentence adjudged by as conrtmartlal shall be held to include, inter alla, the power o io mitigate or remit, the wholeior any part of the sentence. Y Any unexecuted. portion ot a sentence, adjudged by a_ courtmartlal may be mitigated or remitted by the mllitaryaauthorlty flimpetent to appoint, for the command, exclusive of penitenliaries and the United Statw Disciplinary Barracks, la which

--.4Ruy . § 1522, the person under sentence is held, a court. of the kind that aim- c posed the sentence, and the same power may be exercised by , superior military authority; but no sentence approved me con- ` amen by the P`resldent·sliall remitted or mitigated by any other &\lt}l01'ltY,—&I1d noapprovedsentence of loss of Hles by an omcer shall be remitted or mitigated by guy authority inferior; to the President, except, as provided in the ;§fty-sec0nd article. · ,When, empowered by the President so to do, the cornmanding general ot the Army lu the field or the commencing general of the territorial department or division, may approve or con, firm and commute (but not approve or withoutcom-. muting) , mitigate, or remit ‘ and then order- executed as comrnuted, rnltigatedgor remitted any sentence which under these articles requires `the conhrmation oi, the President before the ~sume.may be executed. — · , [ A .· _ I The, power of remission or mitigation `shall extend to all uncollected forfeltures adjudged by sentence `of `_ courbmartinl. (June 4, 1920, c. 22Z, subchapter II, S 1, 41 Stat. 791.) { , I ‘ Q1522. Review;·'heaH¤gQ (article. 53)-).-gThee‘Judge Advocate General shall constitute, in his odlce, a board ot review coné J sisting ot not less than three ohicers of the Judge Advocate Generafs Department.} p _ _°  » — . Before record of trial in which there- has been adjudged a sentence requirlnghpproval or confirmation by the President ·under> the provisions. ot article 48, article or article . 51 is submitted to the President, such record shall be exanrined by the. board `of review. ‘The board shall submit, its opinion, in writing, to the Judge Advocate General; who shall, except. as herein otherwise provided, transmit the record and the board’s opinion, with his recommendations, directly to the Secretarye ot War for the action of the President. · l V . _ -`Except as hereini provided, no authority · shall order the execution of any other sentence of a, general court·martialinvolving `the penalty of death, dismissal not suspended, dishonorable discharge nohsuspended, or confinement rin a peni- _tentiary,_v;_unless`—and - until the beard ol! review shall; with the approval of the Judge Advocate General, ,·have"held the recordot trial, upon which such sentence is based legally suQcient to support the sentence; except thatuthe proper rewiewlng lor condrmihg authority may upon his approval `of a sentence `ln4 volvlng dlshonorable discharge or_ confinement in a ,peniten— tiary order its execution if it is based. solely __upon nndlngs. of guilty of da- charge or charges and aspecldcation or- specifications to which the . accused has pleaded guilty, When the board of revlew, with the approval ot the Judge Advocate General, holds the record in a mso - in which the order of execution has been withheld under me provisions of this peragraph legally sumcient to support the Endings and sentence, the Judge Advocate General shall `so hdvlse the reviewing or confirming authority from whom the 1'§¢Ql‘d was`; received, who may thereupon order the execution ot the sentence. · When ln u case in which. the order or execution has been withheld under the provisions {ot this paragraph, (the board ot review • holds the record ot. trial legally insumcient to.- support the Hndinésor sentence, either ln`whole or in part, or that errors of law have been committed`,Jinjurlously aifectingtbe suhstana -tia1_rights of the accused, and the Judge Advocate General concurs in such holding ot the board ot review; such findings V and sentence shall, be vacated in, whole or in wrt in! accord with such holding and the recommendations of the J edge ,Ad— vocate `General thereon, and the record shall be tmnsnxitted gthrough the proper channels to the convening authority tor in- rehearing or auch other action as- maybe proper. In the event that the Judge Advomte General shall not I concur in tthe holding ot the board ot- review, the Judge Advocate Gen-. eral Yshall forward all the papersfin the case,. including the oplnion ot the board ot review end his own dlwnt therefrom,