§124A-69 - Former jeopardy.
[§124A-69] Former jeopardy. (a) No
person may, without the person's consent, be tried a second time in any
military 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. [L 1982, c 171, pt of §2; gen ch 1985]