Washington Code 38.38.400 – Former jeopardy
Current as of: 2023 | Check for updates
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(1) No person may, without the person’s consent, be tried a second time in any military court of the state for the same offense.
Terms Used In Washington Code 38.38.400
- Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command. See Washington Code 38.38.004
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Military court: means a court-martial or a court of inquiry. See Washington Code 38.38.004
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) 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 section until the finding of guilty has become final after review of the case has been fully completed.
(3) 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 section.