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2012 Idaho Statutes
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 11 - CODE OF MILITARY JUSTICE
Section 46-1122 - REFERENCE FOR TRIAL -- CHANGING THE CHARGE TO CONFORM TO EVIDENCE OR CORRECT DEFECTS.


ID Code § 46-1122 (2012) What's This?

46-1122. Reference for trial -- Changing the charge to conform to evidence or correct defects. (1) The convening authority may not refer any charge to a court-martial for trial unless an investigating officer properly appointed pursuant to section 46-1120, Idaho Code, has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.

(2) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and changes in the charges and specifications needed to make them conform to the evidence may be made.


History:

[(46-1122), added 1975, ch. 147, sec. 4, p. 339; am. 1984, ch. 92, sec. 20, p. 203; am. & redesig. 1998, ch. 176, sec. 21, p. 638.]

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