32.1044 Trial of accused twice for same offense prohibited.
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32.1044 Trial of accused twice for same offense prohibited.
Sec. 44.
(1)A person subject to this code shall not be tried a second time by a civil court or a military court of the state for the same offense.
(2)A proceeding in which an accused is found guilty by a court-martial upon a charge or specification is not 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 fault of the accused is a trial in the sense of this section.
History: 1980, Act 523, Eff. Mar. 31, 1981