A MANUAL

FOR

COURTS-MARTIAL

U.S. ARMY

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Revised in the Office of
The Judge Advocate General of the Army
and published by direction of
The President

Effective April 1, 1928

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Corrected to April 29, 1943

UNITED STATES
GOVERNMENT PRINTING OFFICE WASHINGTON : 1943

Table of Contents

		Para.	Page
Introduction			vii
Executive Order			ix
Chapter I. Military Jurisdiction		1-2	1
	Sources		1
	Exercise		1
Chapter II. Courts-martial		3-4	2
	Classification		2
	Composition		2
Chapter III. Courts-martial (continued)		5-6	4
	Appointing authorities		4
	Appointment of trial judge advocate, defense counsel, assistants		6
Chapter IV. Courts-martial (continued)		7-17	7
	Jurisdiction in general		7
	Jurisdiction of general, special, and summary courts-martial		9
Chapter V. Courts-martial--Procedure before trial		18-23	13
	Arrest and confinement		13
	Arrest of deserter by civilians		14
Chapter VI. Courts-martial--Procedure before trial (continued)		24-29	16
	Preparation of charges		16
Chapter VII. Courts-martial--Procedure before trial (continued)		30-35	20
	Submission of and action upon charges		20
Chapter VIII. Courts-martial--Personnel		36-40	27
	Appointment		27
	Changes in personnel		27
	Members		27
	President		28
	Law member		29
Chapter IX. Courts-martial--Personnel (continued)		41-48	30
	Trial judge advocate		30
	Assistant trial judge advocate		33
	Defense counsel		33
	Assistant defense counsel		34
	Individual counsel		34
	Reporter		36
	Interpreter		26
	Clerks and orderlies		27
Chapter X. Courts-martial--Procedure		49-52	38
	Certain general matters		38
	Closed sessions		39
	Interlocutory questions other than challenges		39
	Continuances		40
Chapter XI. Courts-martial--Procedure (continued)		53-56	42
	Assembling		42
	Seating of personnel and accused		42
	Attendance and security of accused		42
	Introduction of the accused and counsel; swearing reporter; asking accused as to copy of general court-martial record; announcement of members present		43
Chapter XII. Courts-martial--Procedure (continued)		57-62	44
	Excusing members		44
	Challenges		44
	Witness for the prosecution		47
	Accuser		47
	Oaths		47
	Arraignment		47
Chapter XIII. Courts-martial--Procedure (continued)		63-74	49
	Inquiry into sanity of accused		49
	Pleas		50
	Motions		55
	Nolle prosequi		56
	Action on defective specification		57
	Action where evidence indicates an offense not charged		57
Chapter XIV. Courts-martial--Procedure (continued)		75	58
	Introduction of evidence		58
Chapter XV. Courts-martial--Procedure (continued)		76-81	61
	Statements		61
	Arguments		61
	Findings		62
	Data as to service, etc., evidence of previous convictions; evidence of former discharges; evidence of former punishment		65
	Sentence		67
	Announcing sentence; matters of, and recommendations to, clemency; adjournment		68
Chapter XVI. Courts-martial--Procedure (continued)		82-84	69
	Special and summary courts		69
	Revision		69
	Rehearings		70
Chapter XVII. Courts-martial--Records		85-86	71
	General court-martial		71
	Special and summary courts-martial		72
Chapter XVIII. Courts-martial--Action		87-88	73
	Reviewing authority		73
	Confirming authority		79
Chapter XIX. Courts-martial--Action (continued)		89-90	80
	Ordering rehearings		80
	Place of confinement		80
Chapter XX. Courts-martial--Action (continued)		91-94	82
	Action after promulgation		82
Chapter XXI. Oaths		95-96	84
	Oaths in trials by courts-martial		84
	Authority to administer oaths		84
Chapter XXII. Courts-martial--Incidental matters		97-101	86
	Attendance of witnesses		86
	Preparation of interrogatories and ntaking of depositions		89
	Employment of experts		91
	Expenses of courts-martial		91
	Contempts		91
Chapter XXIII. Courts-martial--Punishments		102-104	92
	General limitations		92
	Miscellaneous limitations and comments		92
	Maximum limits of punishments		95
Chapter XXIV. Disciplinary power of commanding officer		105-109	103
Chapter XXV. Courts-martial--Rules of Evidence		110-126	107
Chapter XXVI. Punitive articles		127-152	138
Chapter XXVII. Habeas corpus		153-157	192
APPENDICES
1.	The Articles of War		203
2.	Forms for orders appointing courts-martial		231
3.	Charge sheet		233
4.	Forms for charges and specifications		236
5.	Suggestions for trial judge advocates		258
6.	Form for record of trial by general courts-martial, and revision proceedings, with notes		260
7.	Form for record of trial by special court-martial		271
8.	Form for record of trial by summary court-martial		272
9.	Forms of sentences		273
10.	Forms for action by reviewing authority		275
11.	Forms for orders of promulgation--Forms for orders vacating suspensions		277
Index			281

Introduction

The Articles of War of 1920 introduced many changes in the procedure before courts-martial. In 1923, feeling that sufficient time had elapsed to permit of fair observation, suggestions were invited from all commanding officers with a view to the correction of such defects as experience had disclosed. Constructive criticisms and suggestions were received from practically every command in the Army. They were especially valuable as coming from those most intimately associated with carrying the articles into execution. These suggestions were carefully studied, and the present edition of the manual is to some extent a composite of all the ideas so received.

Some of the matter in the 1921 edition has been omitted, partly to reduce the manual to a more convenient size and partly because it was thought that many matters of detail ought to be left to judgment and common sense. It does not follow that any such omitted portion may not apply to a given case, unless, of course, its provisions have been changed by this manual. In any case of doubt as to any subject not treated in this manual the customs of the service and authoritative military precedents will serve as guides.

Executive Order No. 4773

By virtue of the powers in ine vested as President of the United States of America, and pursuant to Chapter II of an act of Congress entitled "An act to amend an act entitled 'An act for making further and more effectual provision for the national defense, and for other purposes,' approved June 3, 1916, and to establish military justice," approved June 4, 1920 (41 Stat. 759), I prescribe the following Manual for Courts-Martial and direct that it be published for the government of all concerned. This manual shall be in force and effect in the Armies of the United States on and after April 1, 1928; except that its provisions, other than as to mere matters of procedure and other than any provisions alleviating the punishment to be imposed upon conviction in any case, do not supersede the provisions of the Manual for Courts-Martial, 1921, with respect to acts done or offenses committed prior to April 1, 1928.

CALVIN COOLIDGE

THE WHITE HOUSE,
      November 29, 1927.

[Subsequent Executive Orders have prescribed amendments to various paragraphs of the Manual, as follows:

No. 8727 (April 1,1941), amendinging paragraphs 104b and 104c.
No. 9048 (Feb. 3, 1942), amending paragraph 104c.
No. 9216 (Aug. 7, 1942), amending paragraph 117a.
No. 9267 (Nov. 9, 1942), amending paragraph 104c.
No. 9324 (March 31, 1943), amending paragraphs 14, 85a, 87b, 87c, 91,94, 96, 103d, 126, 129, and 155, and App. 4 and 10.

The amendments prescribed by these five orders have been incorporated in the text of this edition of the Manual.]