Military Instructors Manual Part 27

BREAKING ARREST:

Punishment: (Officer) Dismissal, (Soldier) Court-martial.

"Any officer charged with crime shall be placed in arrest by C.O.... in exceptional cases ... confined."

"A soldier charged with crime ... shall be placed in confinement ... when charged with minor offense placed in arrest."

"Any person placed in arrest ... shall be restricted to barracks, quarters, tent, unless limits are enlarged by proper authority."

"An officer or any other person breaking his arrest or who escapes from confinement before being set at liberty by proper authority shall be punished by...."

To break arrest is punishable even though a person is innocent of the charge or ought to have been released.

ARTICLE 75.

MISBEHAVIOR BEFORE THE ENEMY:

Punishment: Death or court-martial.

"Any officer or soldier who: (1) Misbehaves before the enemy--runs away, or shamefully abandons post.

(2) Or speaks words inducing others to do so.

(3) Or quits his post or colors to plunder or pillage.

(4) Occasions false alarms in camp or quarters shall suffer ...."

The word "enemy" implies "any hostile body" such as a mob or riot crowd.

ARTICLE 83.

NEGLECT OF MILITARY PROPERTY:

Punishment: Make good the loss and court-martial.

"Any person subject to military law who willfully or through neglect suffers to be lost, damaged, or wrongfully disposed of, any military property belonging to United States of America--shall make good the loss and...."

ARTICLE 84.

WASTE OR UNLAWFUL DISPOSAL OF PROPERTY ISSUED TO SOLDIERS:

Punishment: Court-martial.

"Any soldier who sells or wrongfully disposes of any property issued for military service shall be punished...."

ARTICLE 85.

DRUNK ON DUTY:

Punishment: (War time) dismissal and court-martial, (Peace time) court-martial.

"Any officer ... drunk on duty shall ... in time of war be dismissed ... and Any other person subject to military law, drunk on duty ...

shall be punished...."

ARTICLE 86.

MISBEHAVIOR OF A SENTINEL:

Punishment: (War time) death or court-martial, (Peace time) court-martial.

"Any sentinel found: (1) Drunk.

(2) Asleep.

(3) Or who leaves before being regularly relieved shall be punished...."

ARTICLE 92.

MURDER OR RAPE:

Punishment: Death or life imprisonment.

"Any person who commits murder or rape shall suffer death or life imprisonment as the court-martial may direct."

No person shall be tried for murder or rape committed in the limits of the U.S.A. in time of peace. This is left to civil courts.

ARTICLE 93.

VARIOUS CRIMES:

Punishment: Court-martial.

"Any person who commits (1) Manslaughter, (2) Mayhem (cutting), (3) Arson, (4) Burglary, (5) Larceny, (6) Embezzlement, (7) Perjury, (8) a.s.sault with intent to commit any felony.

(9) a.s.sault with intent to do bodily harm. shall be punished...."

Definition of these crimes is left to local law.

ARTICLE 94.

FRAUDS AGAINST THE GOVERNMENT:

Punishment: Court-martial.

Article of War No. 94 is equivalent to prohibiting any person subject to military law from defrauding or attempting, or conspiring to defraud the Government of the U.S.A.--also from stealing, embezzling any Government property.

ARTICLE 95.

CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN:

Punishment: Dismissal.