39-6-37 - Second trial on an offense prohibited.
39-6-37. Second trial on an offense prohibited.
(1) A person may not, without his written consent, be brought to trial a second time inany military or civilian court of the state for the same offense.
(2) A proceeding in which an accused has been found guilty by a military court upon anycharge or specification, is not a trial under this section until the finding of guilty has become finaland the review of the case has been completed.
(3) A proceeding that, after the introduction of evidence but before a finding, is dismissedor terminated by the convening authority or on motion of the prosecution for failure of availableevidence or witnesses without any fault of the accused is a trial under this section.
Enacted by Chapter 210, 1988 General Session