40.160. Sworn testimony in court of inquiry, record admissible in evidence, when--exception.
Sworn testimony in court of inquiry, record admissible in evidence,when--exception.
40.160. 1. In any case not extending to the dismissal of acommissioned officer, the sworn testimony, contained in the dulyauthenticated record of proceedings of a court of inquiry, of aperson whose oral testimony cannot be obtained, may, if otherwiseadmissible under the rules of evidence, be read in evidence byany party before a court-martial if the accused was a partybefore the court of inquiry and if the same issue was involved orif the accused consents to the introduction of such evidence.
2. Such testimony may be read in evidence only by thedefense in cases extending to the dismissal of a commissionedofficer.
3. Such testimony may also be read in evidence before acourt of inquiry or a military board.
(L. 1984 H.B. 1035 § 51)