There is a newer version of the Georgia Code
2010 Georgia Code
TITLE 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
CHAPTER 2 - MILITARY AFFAIRS
ARTICLE 5 - CODE OF MILITARY JUSTICE
PART 7 - TRIAL PROCEDURES
§ 38-2-438 - Former jeopardy
O.C.G.A. 38-2-438 (2010)38-2-438. Former jeopardy
(a) Without his consent, no person shall be tried a second time by a civil court or a 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 shall be held to be a trial in the sense of this Code section until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, subsequent to the introduction of evidence but prior to 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 shall be a trial in the sense of this Code section.
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