2010 Georgia Code 38-2-438 Case Law
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One Click Case Law for § 38-2-438
O.C.G.A. § 38-2-437 <-- --> O.C.G.A. §38-2-439



2010 Georgia Code

TITLE 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

CHAPTER 2 - MILITARY AFFAIRS
ARTICLE 5 - CODE OF MILITARY JUSTICE
PART 7 - TRIAL PROCEDURES
§ 38-2-438 - Former jeopardy

O.C.G.A. 38-2-438 (2010)
38-2-438. Former jeopardy


(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.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com