State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 15 > 15-1e-47

§15-1E-47. Former jeopardy.
(a) No person subject to this article shall, without his consent, be tried a second time for the same offense in a military court convened under this article. Prosecution under this article shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the laws of the civil jurisdiction, unless prohibited by res judicata or double jeopardy.

(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. However, 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.