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5924.44 Double jeopardy.

5924.44 Double jeopardy.

(A) No person may, without his consent, be tried a second time in any military or civil court of the state for the same offense.

(B) 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.

(C) 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.

Effective Date: 10-10-1961

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