Title 38, Chapter 2, Section 438
( 38-2-438)
(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. |