Manual for Noncommissioned Officers and Privates of Infantry of the Army of the United States, 1917 / To be used by Engineer companies (dismounted) and Coast Artillery companies for Infantry instruction and training

by United States. War Department

The following will more fully explain the important duties of a sentinel in this connection:

(Circular.)	WAR DEPARTMENT.
	ADJUTANT GENERAL'S OFFICE,
	Washington, November 1,1887.

By direction of the Secretary of War, the following is published for the information of the Army:

UNITED STATES CIRCUIT COURT, EASTERN DISTRICT OF MICHIGAN, AUGUST 1, 1887.

THE UNITED STATES V. JAMES CLARK.

The circuit court has jurisdiction of a homicide committed by one soldier upon another within a military reservation of the United States.

If a homicide be committed by a military guard without malice and in the performance of his supposed duty as a soldier, such homicide is excusable, unless it was manifestly beyond the scope of his authority or was such that a man of ordinary sense and understanding would know that it was illegal.

It seems that the sergeant of the guard has a right to shoot a military convict if there be no other possible means of preventing his escape.

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.