The common-law distinction between felonies and misdemeanors has no application to military offenses.
While the finding of a court of inquiry acquitting the prisoner of all blame is not a legal bar to a prosecution, it is entitled to weight as an expression of the views of the military court of the necessity of using a musket to prevent the escape of the deceased.
By order of the Secretary of War:
R. C. Drum, Adjutant General.
The following is taken from Circular No. 3, of 1883, from Headquarters Department of the Columbia:
Vancouver Barracks, W. T., April 20, 1883.
To the Assistant Adjutant General,
Department of the Columbia.
Sir:
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