26-206. Charges against members of militia;
service of charges and specifications; abatement of action
A. A person may, subject to military laws of the state, prefer charges against a
member of the militia.
B. A copy of the charges and specifications shall be delivered to the accused not
later than twenty days after arrest, or, if not held in custody for trial, to his last
known post office address or place of business, and a military court shall be ordered
convened not later than thirty days after receipt of the order by the officer authorized
to convene the court.
C. If a copy of the charges and specifications is not served, or a military court
is not ordered convened within the time specified, the charges shall abate, but at any
time within twelve months after release of the accused from arrest, the charges may be
served, a court ordered convened, and the accused brought to trial.
D. Appearance of the accused without objection and pleading to the charges shall be
deemed a waiver of any irregularity of service of papers.
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