38.38.400 - Former jeopardy.

[Art. 44] Former jeopardy.

(1) No person may, without the person's consent, be tried a second time in any military court of the state for the same offense.

     (2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

     (3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.

[1989 c 48 § 43; 1963 c 220 § 46.]