TITLE 38
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
ARTICLE 5
CODE OF MILITARY JUSTICE
38-2-1044. Double jeopardy.
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No person shall, without his or her consent, be tried a second time for the same offense.
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No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial in the sense of this Code section until the finding of guilty has become final after review of the case has been fully completed.
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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 shall be a trial in the sense of this Code section.
(Code 1981, §38-2-1044, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)
Cross references.
- Rights of accused in criminal proceedings, U.S. Const., amend. 5 and Ga. Const., 1983, Art. I, Sec. I, Para. XVIII.
U.S. Code.
- For similar provision in Uniform Code of Military Justice, see 10 U.S.C.
§
844.
RESEARCH REFERENCES
Am. Jur. 2d.
- 53A Am. Jur. 2d, Military and Civil Defense,
§§
210, 211.
