26-1050. Admissibility of records of courts of inquiry
A. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be read in evidence by any party before a court-martial or military commission if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
B. This testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
C. This testimony may also be read in evidence before a court of inquiry or a military board.
Section: Previous 26-1043 26-1044 26-1045 26-1046 26-1047 26-1048 26-1049 26-1050 26-1051 26-1052 26-1053 26-1054 26-1055 26-1056 26-1057 NextLast modified: October 13, 2016