Sec. 5226. FORMER JEOPARDY
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## SEC. 5226 FORMER JEOPARDY Subsection
(c)of section 844 of title 10, United States Code (article 44 of the Uniform Code of Military Justice), is amended to read as follows: > > ### “(c) > > > ####
(1)> > A court-martial with a military judge alone is a trial in the sense of this section (article) if, without fault of the accused— > > > ##### “(A) > > after introduction of evidence; and > > > ##### “(B) > > before announcement of findings under section 853 of this title (article 53); > > “the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses. > > > #### “(2) > > A court-martial with a military judge and members is a trial in the sense of this section (article) if, without fault of the accused— > > > ##### “(A) > > after the members, having taken an oath as members under section 842 of this title (article 42) and after completion of challenges under section 841 of this title (article 41), are impaneled; and > > > ##### “(B) > > before announcement of findings under section 853 of this title (article 53); > > the case is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses.” > .