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35.145 Reduced membership of court-martial.

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35.145 Reduced membership of court-martial. (1) No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a <br>challenge or by order of the convening authority for good cause. (2) Whenever a general court-martial is reduced below five (5) members, the trial may not proceed unless specifically consented to by the accused and defense counsel. In <br>such case a new trial may be ordered by the convening authority. (3) Whenever a special court-martial is reduced below three (3) members, the trial may not proceed unless specifically consented to by the accused and defense counsel. In <br>such case a new trial may be ordered by the convening authority. History: Amended 1970 Ky. Acts ch. 56, sec. 19. -- Created 1954 Ky. Acts ch. 99, sec. 28, effective July 1, 1954.