§ 32.1044

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