Sec. 27-192. Sworn testimony in record of court of inquiry admissible, when.
Sec. 27-192. Sworn testimony in record of court of inquiry admissible, when.
(a) In any case not extending to the dismissal of a commissioned officer the sworn
testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible
under the rules of evidence, be read in evidence by any party before a court-martial if
the accused was a party before the court of inquiry and if the same issue was involved
or if the accused consents to the introduction of such evidence, and if the accused was
physically present when the testimony was taken.
(b) Such testimony may be read in evidence only by the defense in cases extending
to the dismissal of a commissioned officer.
(c) Such testimony may also be read in evidence before a court of inquiry or a
military board.
(1967, P.A. 717, S. 52.)