48-2709. Former jeopardy.

48-2709

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

      48-2709.   Former jeopardy.(a) No person may be tried a second time in any court of the state forthe same offense.

      (b)   No proceeding in which an accused has been found guilty by acourt-martial upon any charge or specification is a trial in the sense ofthis section until the finding of guilty has become final after review ofthe case has been fully completed.

      (c)   A proceeding which, after the introduction of evidence but before afinding, is dismissed or terminated by the convening authority or on motionof the prosecution for failure of available evidence or witnesses withoutany fault of the accused is a trial in the sense of this section.

      History:   L. 1972, ch. 203, § 48-2709; July 1.