rable
discharge, the sentence may on proof of five or more previous
convictions within eighteen months and during the current enlistment
impose dishonorable discharge and forfeiture of all pay and allowances
in addition to the authorized confinement, and when this confinement is
less than three months it may be increased to three months.
When a noncommissioned officer is convicted of an offense not punishable
with reduction, he may, if he shall have been convicted of a military
offense within a year and during the current enlistment, be sentenced to
reduction in addition to the punishment already authorized.
SEC. 2. In every case when an offense on trial before a court-martial
is of a character admitting of the introduction of evidence of previous
convictions and the accused is convicted the court, after determining
its findings, will be opened for the purpose of ascertaining whether
there is such evidence, and, if so, of hearing it. These convictions
must be proved by the records of previous trials or by duly authenticated
orders promulgating the same, except in the cases of conviction by
summary court, when a duly authenticated copy of the record of said
court shall be deemed sufficient proof. Charges forwarded to the
authority ordering a general court-martial or submitted to a summary,
garrison, or regimental court must be accompanied by the proper evidence
of such previous convictions as may have to be considered in determining
upon a sentence.
ARTICLE IV.
When a soldier shall on one arraignment be convicted of two or more
offenses none of which is punishable under Article II of this order or
the custom of the service with dishonorable discharge, but the aggregate
term of confinement for which may exceed six months, dishonorable
discharge with forfeiture of pay and allowances may be awarded in
addition to the authorized confinement.
ARTICLE V.
This order prescribes the _maximum_ limit of punishment for the
offenses named, and this limit is intended for those cases in which the
severest punishment should be awarded. In other cases the punishment
should be graded down according to the extenuating circumstances.
Offenses not herein provided for remain punishable as authorized by the
Articles of War and the custom of the service.
ARTICLE VI.
Summary courts are subject to the restrictions named in the eighty-third
article of war. Soldiers against whom charges may be preferred for trial
by summary
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