32.1050 Reading in evidence sworn testimony of person whose oral testimony not obtainable; conditions.
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32.1050 Reading in evidence sworn testimony of person whose oral testimony not obtainable; conditions.
Sec. 50.
(1)If not extending to the dismissal of an officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be read in evidence by any party before a court-martial, if the accused was a party before the court of inquiry, if the same issue was involved or if the accused consents to the introduction of the evidence, and if the accused was physically present when the testimony was taken.
(2)The testimony shall be read in evidence only by the defense in cases extending to the dismissal of an officer.
(3)The testimony also may be read in evidence before a court of inquiry or a military board.
History: 1980, Act 523, Eff. Mar. 31, 1981