26-207. Attendance of accused at trial; order
to compel attendance; service; trial in absence of accused;
apprehension and imprisonment of accused; limitation
A. If an accused member of the militia fails to appear for trial at the time and
place appointed, the president of the military court may issue an order to compel his
attendance.
B. The order shall be served in the same manner and by the same officer as bench
warrants are served, or by the marshal of the military court.
C. Upon presentation of evidence to the military court, noted in or attached to the
proceedings, that the accused has been notified of the time and place of trial, the
military court may enter a plea of not guilty for the accused and proceed with the trial
in his absence.
D. If any peace officer of this state is notified by the adjutant general that a
member of the national guard or state guard has apparently committed an offense against
this chapter, or against the uniform code of military justice of the United States, the
peace officer shall seize the accused and cause him to be imprisoned and held until
further ordered by the adjutant general, but no person so arrested shall be held for a
period longer than three days unless formal charges are filed against him in a military
or civil court.
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