35.225 Pleas of the accused.
(1) If an accused arraigned before a court-martial makes any irregular pleading, or, after
a plea of guilty, sets up matter inconsistent with the plea, or if it appears that he has <br>entered the plea of guilty improvidently or through lack of understanding of its <br>meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be <br>entered in the record and the court shall proceed as though he had pleaded not <br>guilty.
(2) With respect to any charge or specification to which a plea of guilty has been made
by the accused and accepted by the military judge or by a court-martial without a <br>military judge, a finding of guilty of the charge or specification may, if permitted by <br>the regulations of the Governor, be entered immediately without vote. This finding <br>shall constitute the finding of the court unless the plea of guilty is withdrawn prior <br>to the announcement of the sentence, in which event the proceedings shall continue <br>as though the accused had pleaded not guilty.
History: Amended 1970 Ky. Acts ch. 56, sec. 31. -- Created 1954 Ky. Acts ch. 99,
sec. 44, effective July 1, 1954.
35.225 Pleas of the accused.
(1) If an accused arraigned before a court-martial makes any irregular pleading, or, after
a plea of guilty, sets up matter inconsistent with the plea, or if it appears that he has <br>entered the plea of guilty improvidently or through lack of understanding of its <br>meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be <br>entered in the record and the court shall proceed as though he had pleaded not <br>guilty.
(2) With respect to any charge or specification to which a plea of guilty has been made
by the accused and accepted by the military judge or by a court-martial without a <br>military judge, a finding of guilty of the charge or specification may, if permitted by <br>the regulations of the Governor, be entered immediately without vote. This finding <br>shall constitute the finding of the court unless the plea of guilty is withdrawn prior <br>to the announcement of the sentence, in which event the proceedings shall continue <br>as though the accused had pleaded not guilty.
History: Amended 1970 Ky. Acts ch. 56, sec. 31. -- Created 1954 Ky. Acts ch. 99,
sec. 44, effective July 1, 1954.
35.225 Pleas of the accused.
(1) If an accused arraigned before a court-martial makes any irregular pleading, or, after
a plea of guilty, sets up matter inconsistent with the plea, or if it appears that he has <br>entered the plea of guilty improvidently or through lack of understanding of its <br>meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be <br>entered in the record and the court shall proceed as though he had pleaded not <br>guilty.
(2) With respect to any charge or specification to which a plea of guilty has been made
by the accused and accepted by the military judge or by a court-martial without a <br>military judge, a finding of guilty of the charge or specification may, if permitted by <br>the regulations of the Governor, be entered immediately without vote. This finding <br>shall constitute the finding of the court unless the plea of guilty is withdrawn prior <br>to the announcement of the sentence, in which event the proceedings shall continue <br>as though the accused had pleaded not guilty.
History: Amended 1970 Ky. Acts ch. 56, sec. 31. -- Created 1954 Ky. Acts ch. 99,
sec. 44, effective July 1, 1954.
