40.144. Res judicata to apply, when--exception not a bar to civilian prosecution.
Res judicata to apply, when--exception not a bar to civilianprosecution.
40.144. 1. No person subject to sections 40.005 to 40.490shall, without his consent, be tried a second time for the sameoffense in a military court convened under sections 40.005 to40.490. Prosecution under sections 40.005 to 40.490 shall notbar prosecution by civil authorities for a crime or offensegrowing out of the same act or omission committed in violation ofthe laws of the civil jurisdiction, unless prohibited by resjudicata or double jeopardy.
2. No proceeding in which an accused has been found guiltyby a court-martial upon any charge or specification is a trial inthe sense of this section until the finding of guilty has becomefinal after review of the case has been fully completed.However, a proceeding which, after the introduction of evidencebut before a finding, is dismissed or terminated by the conveningauthority, or on motion of the prosecution for failure ofavailable evidence or witnesses without any fault of the accused,is a trial in the sense of this section.
(L. 1984 H.B. 1035 § 45)