Washington § 38.38.400 [Art. 44] Former jeopardy.

Washington Statutes

§ 38.38.400 — [Art. 44] Former jeopardy.

Washington § 38.38.400

Title 38MILITIA AND MILITARY AFFAIRS

Ch. 38.38WASHINGTON CODE OF MILITARY JUSTICE

This text of Washington § 38.38.400 ([Art. 44] Former jeopardy.) is published on Counsel Stack Legal Research, covering Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wash. Rev. Code § 38.38.400 (2026).

Text

(1)No person may, without the person's consent, be tried a second time in any military court of the state for the same offense.

(2)No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

(3)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 section.

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(1) No person may, without the person's consent, be tried a second time in any military court of the state for the same offense.

(2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

(3) 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 section.