§ 38.38.424. Admissibility of records of courts of inquiry
(1) 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, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court martial 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.
(2) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(3) Such testimony may also be read in evidence before a court of inquiry or a military board.
[1963 c 220 § 52.]
Sections: Previous 38.38.396 38.38.400 38.38.404 38.38.408 38.38.412 38.38.416 38.38.420 38.38.424 38.38.428 38.38.432 38.38.436 38.38.440 38.38.480 38.38.484 38.38.488 NextLast modified: April 7, 2009