<br><br>35.220 Former jeopardy. <br>(1) No person shall be tried a second time by a court of the state for the same offense. <br>(2) No proceeding in which an accused has been found guilty by a court-martial upon <br>any charge or specification shall be held to be a trial in the sense of this section until <br>the finding of guilty has become final after review of the case has been fully <br>completed. <br>(3) A proceeding which, subsequent to the introduction of evidence but prior to a <br>finding, is dismissed or terminated by the convening authority or on motion of the <br>prosecution for failure of available evidence or witnesses without any fault of the <br>accused shall be a trial in the sense of this section. <br>History: Amended 1970 Ky. Acts ch. 56, sec. 30. -- Created 1954 Ky. Acts ch. 99, <br>sec. 43, effective July 1, 1954. <br><br>