Alabama § 31-2A-44 (Article 44.) Former Jeopardy

Alabama Statutes

§ 31-2A-44 — (Article 44.) Former Jeopardy

Alabama·Title 31 Military Affairs and Civil Defense·Ch. 2A Military Justice·Part VII Trial Procedure

(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.

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(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.

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