Kansas Statutes 48-2103. Jurisdiction to try certain personnel
Terms Used In Kansas Statutes 48-2103
- Code: means this act. See Kansas Statutes 48-2101
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military: refers to any or all of the armed forces. See Kansas Statutes 48-2101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- State military forces: means the national guard of the state, as defined in section 101 (3) of title 32, United States Code, and any other military force organized under the laws of the state. See Kansas Statutes 48-2101
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to Kan. Stat. Ann. § 48-2708, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in the custody of the military for that trial. Upon conviction of that charge such person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
(b) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
(c) The fact that any person charged with an offense under this code is separated from the service while proceedings are pending or while undergoing sentence shall not affect the jurisdiction of any court-martial.