A Treatise On Military Law And the Practice of Courts-Martial
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"There the whole society is a party in- jured, and the public prosecutor may justly demand that the criminal shall be held amenable to the aggrieved majesty of the law of the land, either with or without a technical conformity of proceeding to the letter of the articles of war."* Fnii>e/:zicuient. Art. 39. Every officer, who shall be convicted before a court-martial, of having embezzled, * Opinions, April 7 th, 1854. 214 MILITAEY LAW AND C0UETS-3IARTIAL. or misapplied, any money witli wMcli lie... may have been intrusted, for the payment of the men under his com- mand, or for enlisting men into the service, or for other purposes, if a commissioned officer, shall he cashiered, and compelled to refund the money ; if a non-commis- sioned officer, shall be reduced to the ranks, be put under stoppages until the money be made good, and suffer such corporeal punishment as such court-martial shall direct. In the case of Captain T. J. who was tried before a general court-martial, on the charge of " embezzlement of public money intrusted to Mm" the court found him guilty of portions of each of the :^rst two specifications, but attached no criminality thereto, and therefore acquit- ted him of the charge.
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