29B.46 - PLEAS OF THE ACCUSED.
29B.46 PLEAS OF THE ACCUSED.
1. If the accused after arraignment makes an irregular pleading,
or after a plea of guilty sets up defenses inconsistent with the
plea, or if it appears that the accused has entered the plea of
guilty improvidently or through lack of understanding of its meaning
and effect, or if the accused fails or refuses to plead, a plea of
not guilty shall be entered in the record, and the court shall
proceed as though the accused had pleaded not guilty.
2. With respect to any charge or specification to which a plea of
guilty has been made by the accused and accepted by the military
judge, or by a court-martial without a military judge, a finding of
guilty of the charge or specification may, if permitted by rules of
the adjutant general be entered immediately without vote. This
finding shall constitute the finding of the court unless the plea of
guilty is withdrawn prior to the announcement of the sentence, in
which case the proceedings shall continue as though the accused had
pleaded not guilty. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.46; 82 Acts, ch 1042, § 27]