130.50 - Admissibility of records of courts of inquiry.

§ 130.50. Admissibility  of  records of courts of inquiry.  (a) In any  case not extending to the dismissal of an officer, the sworn  testimony,  contained  in the duly authenticated record of proceedings of a court of  inquiry, of a person whose oral testimony cannot be  obtained,  may,  if  otherwise admissible under the rules of evidence, be read in evidence by  any  party  before a court-martial if the accused was a party before the  court of inquiry and if the same issue was involved or  if  the  accused  consents to the introduction of such evidence.    (b)  Such  testimony  may  be  read in evidence only by the defense in  cases extending to the dismissal of an officer.    (c) Such testimony may also be read in  evidence  before  a  court  of  inquiry or a military board.