29B.45 - FORMER JEOPARDY.
29B.45 FORMER JEOPARDY.
No person may, without the person's consent, be tried a second
time in any military court of the state for the same offense.
No proceeding in which an accused has been found guilty by a
court-martial upon any charge or specification is a trial in the
sense of this section until the finding of guilty has become final
after review of the case has been fully completed.
A proceeding which, after the introduction of evidence but before
a finding, is dismissed or terminated by the convening authority or
on motion of the prosecution for failure of available evidence or
witnesses without any fault of the accused is a trial in the sense of
this section. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.45]