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O.C.G.A. § 38-2-1044 — Double jeopardy | Georgia Code
O.C.G.A. § 38-2-1044 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 38 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

Section 2. Military Affairs, 38-2-1 through 38-2-1145.

ARTICLE 5 CODE OF MILITARY JUSTICE

38-2-1044. Double jeopardy.

  1. No person shall, without his or her consent, be tried a second time for the same offense.
  2. 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.
  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 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.

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.