Sec. 26.05.375. Jurisdiction to try certain personnel.
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Sec. 26.05.375. Jurisdiction to try certain personnel.
(a)A person discharged from the militia of the state who is later charged with having fraudulently obtained a discharge is subject to trial by court-martial on that charge and is, after apprehension, subject to the code of military justice while in custody under the direction of the militia of the state for the trial. Upon conviction of the charge, the person is subject to trial by court-martial for an offense under this chapter that is committed before the fraudulent discharge.
(b)A person who has deserted from the militia of the state may not raise a defense that the person is not subject to jurisdiction under the code of military justice by virtue of a separation from a later period of service.