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2019 Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.
Part VII - Trial Procedure.
Section 31-2A-44 - (Article 44.) Former jeopardy.
Universal Citation:
AL Code § 31-2A-44 (2019)
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Section 31-2A-44(Article 44.) Former jeopardy.
(a) No person, without his or her consent, may be tried a second time 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 pursuant to this article 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 article.
(d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C., shall be barred from prosecution under this code.
(Act 2012-334, p. 790, §1.)
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