40.119. Referring charges for trial requirements to be met in general court-martial. - Missouri Statutes

Referring charges for trial requirements to be met in generalcourt-martial.

40.119. 1. Before directing the trial of any charge bygeneral court-martial, the convening authority shall refer it tothe state judge advocate for consideration and advice. Theconvening authority may not refer a charge to a generalcourt-martial for trial unless he has found that the chargealleges an offense under sections 40.005 to 40.490 and iswarranted by evidence indicated in the report of theinvestigation.

2. If the charges or specifications are not formally corrector do not conform to the substance of the evidence contained inthe report of the investigating officer, formal corrections, andsuch changes in the charges and specifications as are needed tomake them conform to the evidence shall be made.

(L. 1984 H.B. 1035 § 35)