South Carolina Code 25-1-2760. Admissibility of records of courts of inquiry
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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 may not 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 he consents to the introduction of the evidence.
The testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
Terms Used In South Carolina Code 25-1-2760
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
The testimony may also be read in evidence before a court of inquiry or a military board.