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50 U.S.C. § 611 to 629 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 611 to 629 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

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Source file: Laws/federal/codes/united-states-code/title-50/section-611-to-629-50-u-s-c-611-to-629-repealed-aug-10-1956-ch-1041-53-70a-stat-641--f168f1214a.md
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Source location: Title 50, Chapter 22, § 611 to 629; chapter-022-uniform-code-of-military-justice.md

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### Statutory Notes Section 611, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, authorized President to prescribe rules. See [section 836 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section836&num=0&edition=prelim), Armed Forces. Section 612, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, related to unlawfully influencing action of court. See [section 837 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section837&num=0&edition=prelim). Section 613, act May 5, 1950, ch. 169, § 1, 64 Stat. 120, provided for duties of trial counsel and defense counsel. See [section 838 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838&num=0&edition=prelim). Section 614, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to sessions of the courts-martial. See [section 839 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section839&num=0&edition=prelim). Section 615, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for continuances. See [section 840 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section840&num=0&edition=prelim). Section 616, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, provided for challenges. See [section 841 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim). Section 617, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to oaths. See [section 842 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim). Section 618, act May 5, 1950, ch. 169, § 1, 64 Stat. 121, related to statutes of limitation. See [section 843 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section843&num=0&edition=prelim). Section 619, act May 5, 1950, ch. 169, § 1, 64 Stat. 122, related to former jeopardy. See [section 844 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section844&num=0&edition=prelim). Section 620, act May 5, 1950, ch. 169, § 1, 64 Stat. 122, related to pleas of the accused. See [section 845 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section845&num=0&edition=prelim). Section 621, act May 5, 1950, ch. 169, § 1, 64 Stat. 122, related to opportunity to obtain witnesses and other evidence. See [section 846 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section846&num=0&edition=prelim). Section 622, act May 5, 1950, ch. 169, § 1, 64 Stat. 123, provided for refusal to appear or testify. See [section 847 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section847&num=0&edition=prelim). Section 623, act May 5, 1950, ch. 169, § 1, 64 Stat. 123, related to contempts. See [section 848 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section848&num=0&edition=prelim). Section 624, act May 5, 1950, ch. 169, § 1, 64 Stat. 123, related to depositions. See [section 849 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim). Section 625, act May 5, 1950, ch. 169, § 1, 64 Stat. 124, provided for admissibility of records of courts of inquiry. See [section 850 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section850&num=0&edition=prelim). Section 626, act May 5, 1950, ch. 169, § 1, 64 Stat. 124, provided for methods of voting and rulings. See [section 851 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section851&num=0&edition=prelim). Section 627, act May 5, 1950, ch. 169, § 1, 64 Stat. 125, prescribed number of votes required. See [section 852 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section852&num=0&edition=prelim). Section 628, act May 5, 1950, ch. 169, 64 Stat. 125, required every court-martial to announce its findings and sentence. See [section 853 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim). Section 629, act May 5, 1950, ch. 169, § 1, 64 Stat. 125, related to record of trial. See [section 858 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section858&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Jan. 1, 1957, see act Aug. 10, 1956, ch. 1041, § 53 footnote, 70A Stat. 680.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 851 — Art. 51. Voting and rulings

**(a)** Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. **(b)** The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, except that the military judge may change a ruling at any time during trial. **(c)** Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them— (1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt; (2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted; (3) that, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and (4) that the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the United States. **(d)** Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, ad

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 841 — Art. 41. Challenges

**(a)** (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. (2) If exercise of a challenge for cause reduces the court below the number of members required by [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16), all parties shall (notwithstanding [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section829&num=0&edition=prelim) (article 29)) either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time. **(b)** (1) Each accused and the trial counsel are entitled initially to one peremptory challenge of members of the court. The military judge may not be challenged except for cause. (2) If exercise of a peremptory challenge reduces the court below the number of members required by [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16), the parties shall (notwithstanding [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section829&num=0&edition=prelim) (article 29)) either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 845 — Art. 45. Pleas of the accused

**(a) Irregular and Similar Pleas.—** If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty. **(b) Pleas of Guilty.—** A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty is mandatory. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty. **(c) Harmless Error.—** A variance from the requirements of this article is harmless error if the variance does not materially prejudice the substantial rights of the accused.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 846 — Art. 46. Opportunity to obtain witnesses and other evidence in trials by court-martial

**(a) Opportunity To Obtain Witnesses and Other Evidence.—** In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. **(b) Subpoena and Other Process Generally.—** Any subpoena or other process issued under this section (article)— (1) shall be similar to that which courts of the United States having criminal jurisdiction may issue; (2) shall be executed in accordance with regulations prescribed by the President; and (3) shall run to any part of the United States and to the Commonwealths and possessions of the United States. **(c) Subpoena and Other Process for Witnesses.—** A subpoena or other process may be issued to compel a witness to appear and testify— (1) before a court-martial, military commission, or court of inquiry; (2) at a deposition under [section 849 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim) (article 49); or (3) as otherwise authorized under this chapter. **(d) Subpoena and Other Process for Evidence.—** (1) **In general.—** — A subpoena or other process may be issued to compel the production of evidence— (A) for a court-martial, military commission, or court of inquiry; (B) for a deposition under [section 849 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section849&num=0&edition=prelim) (article 49); (C) for an investigation of an offense under this chapter; or (D) as otherwise authorized under this chapter. (2) **Investigative subpoena.—** — An investigative subpoena under paragraph (1)(C) may be issued before referral of charges to a

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 842 — Art. 42. Oaths

**(a)** Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the Secretary concerned. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by any judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate or other person is detailed to that duty. **(b)** Each witness before a court-martial shall be examined on oath.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 839 — Art. 39. Sessions

**(a)** At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to [section 835 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section835&num=0&edition=prelim) (article 35), call the court into session without the presence of the members for the purpose of— (1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty; (2) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court; (3) holding the arraignment and receiving the pleas of the accused; (4) conducting a sentencing proceeding and sentencing the accused under [section 853(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853/b/1&num=0&edition=prelim) (article 53(b)(1)); and (5) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to [section 836 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section836&num=0&edition=prelim) (article 36) and which does not require the presence of the members of the court. **(b)** Proceedings under subsection (a) shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. These proceedings may be conducted notwithstanding the number of members of the court and without regard to [section 829 of this title](https://uscode.house.gov/view.xhtml?req

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 852 — Art. 52. Votes required for conviction, sentencing, and other matters

**(a) In General.—** No person may be convicted of an offense in a general or special court-martial, other than— (1) after a plea of guilty under [section 845(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section845/b&num=0&edition=prelim) (article 45(b)); (2) by a military judge in a court-martial with a military judge alone, under [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16); or (3) in a court-martial with members under [section 816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section816&num=0&edition=prelim) (article 16), by the concurrence of at least three-fourths of the members present when the vote is taken. **(b) Level of Concurrence Required.—** (1) **In general.—** — Except as provided in subsection (a) and in paragraph (2), all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. (2) **Sentencing.—** — A sentence of death requires (A) a unanimous finding of guilty of an offense in this chapter expressly made punishable by death and (B) a unanimous determination by the members that the sentence for that offense shall include death. All other sentences imposed by members shall be determined by the concurrence of at least three-fourths of the members present when the vote is taken.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 849 — Art. 49. Depositions

**(a) In General.—** (1) Subject to paragraph (2), a convening authority or a military judge may order depositions at the request of any party. (2) A deposition may be ordered under paragraph (1) only if the requesting party demonstrates that, due to exceptional circumstances, it is in the interest of justice that the testimony of a prospective witness be preserved for use at a court-martial, military commission, court of inquiry, or other military court or board. (3) A party who requests a deposition under this section shall give to every other party reasonable written notice of the time and place for the deposition. (4) A deposition under this section shall be taken before, and authenticated by, an impartial officer, as follows: (A) Whenever practicable, by an impartial judge advocate certified under [section 827(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827/b&num=0&edition=prelim) (article 27(b)). (B) In exceptional circumstances, by an impartial military or civil officer authorized to administer oaths by (i) the laws of the United States or (ii) the laws of the place where the deposition is taken. **(b) Representation by Counsel.—** Representation of the parties with respect to a deposition shall be by counsel detailed in the same manner as trial counsel and defense counsel are detailed under [section 827 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section827&num=0&edition=prelim) (article 27). In addition, the accused shall have the right to be represented by civilian or military counsel in the same manner as such counsel are provided for in [section 838(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section838/b&num=0&editi

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 848 — Art. 48. Contempt

**(a) Authority To Punish.—** (1) With respect to any proceeding under this chapter, a judicial officer specified in paragraph (2) may punish for contempt any person who— (A) uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding; (B) disturbs the proceeding by any riot or disorder; or (C) willfully disobeys a lawful writ, process, order, rule, decree, or command issued with respect to the proceeding. (2) A judicial officer referred to in paragraph (1) is any of the following: (A) Any judge of the Court of Appeals for the Armed Forces and any judge of a Court of Criminal Appeals under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) (article 66). (B) Any military judge detailed to a court-martial, a provost court, a military commission, or any other proceeding under this chapter. (C) Any military magistrate designated to preside under [section 819 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section819&num=0&edition=prelim) (article 19). (D) The president of a court of inquiry. **(b) Punishment.—** The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of $1,000, or both. **(c) Review.—** A punishment under this section— (1) if imposed by a military judge or military magistrate, may be reviewed by the Court of Criminal Appeals in accordance with the uniform rules of procedure for the Courts of Criminal Appeals under [section 866(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866/h&num=0&edition=prelim) (article 66(h)); (2) if imposed by a judge of the Court of Appeals for the Armed Forces or

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 844 — Art. 44. Former jeopardy

**(a)** No person may, without his consent, be tried a second time for the same offense. **(b)** No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed. **(c)** (1) A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused— (A) after introduction of evidence; and (B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53); (2) A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused— (A) after the members, having taken an oath as members under [section 842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section842&num=0&edition=prelim) (article 42) and after completion of challenges under [section 841 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section841&num=0&edition=prelim) (article 41), are impaneled; and (B) before announcement of findings under [section 853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section853&num=0&edition=prelim) (article 53); the case is dismissed or terminated by the convening authority or the special trial counsel or on motion of the prosecution for failure of available evidence or witnesses.

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