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322.044 Article 44 Former jeopardy.

322.044

322.044 Article 44 Former jeopardy.

322.044(1)

(1) No person may, without his or her consent, be tried a 2nd time for the same offense.

322.044(2)

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

322.044(3)

(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 under this section.

322.044 - ANNOT.

History: 2007 a. 200.

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