2019 Georgia Code
Title 38 - Military, Emergency Management, and Veterans Affairs
Chapter 2 - Military Affairs
Article 5 - Code of Military Justice
Part 7 - Trial Procedures
§ 38-2-1044. Double jeopardy

Universal Citation: GA Code § 38-2-1044 (2019)
  • (a) No person shall, without his or her consent, 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 shall 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, 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 shall be a trial in the sense of this Code section.

History:

Code 1981, § 38-2-1044, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

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