44-48 - Review of judgments of courts-martial; procedure.
§ 44-48. Review of judgments of courts-martial; procedure.
Judgments of general, special and summary courts-martial shall be subject toreview by the Adjutant General only, except that sentences of dismissal fromthe service or dishonorable discharge shall also be subject to review by theGovernor; and such judgments may be affirmed, set aside or modified;provided, however, no higher or greater sentence, punishment, penalty, fineor forfeiture than that imposed by the court-martial shall be approved;otherwise trials and proceedings, including nonjudicial punishment, pretrialproceedings, post-trial proceedings, search and seizure proceedings andproceedings by all courts and boards, including review proceedings, shall bein accordance with the Manual for Courts-Martial United States, as nowexisting or subsequently amended, procedure for courts of inquiry, andretiring boards, and other procedures under military law, as may from time totime be prescribed by the appropriate secretary of the respective services.
(1930, p. 957; Michie Code 1942, § 2673(38); 1964, c. 227; 1976, c. 399.)