10 USC 844 - Art. 44. Former Jeopardy

(a) No person may, without his consent, 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 in the sense of 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 52.)

Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
844(a)

844(b)

844(c)

50:619(a).

50:619(b).

50:619(c).

May 5, 1950, ch. 169, §1 (Art. 44), 64 Stat. 122.

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Last modified: October 26, 2015