Missouri § 40.144 - Res judicata to apply, when — exception not a bar to civilian prosecution.

Full text of Missouri Revised Statutes of Missouri § 40.144 — Res judicata to apply, when — exception not a bar to civilian prosecution., with citation guidance and answers to common questions.

§ 40.144. Res judicata to apply, when — exception not a bar to civilian prosecution.

1.  No person subject to sections 40.005 to 40.490 shall, without his consent, be tried a second time for the same offense in a military court convened under sections 40.005 to 40.490.  Prosecution under sections 40.005 to 40.490 shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the laws of the civil jurisdiction, unless prohibited by res judicata or double jeopardy.

2.  No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is 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.  However, 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 any fault of the accused, is a trial in the sense of this section.

­­--------

(L. 1984 H.B. 1035 § 45)

---- end of effective  28 Aug 1984 ----

use this link to bookmark section  40.144

Source: official Missouri text · Last verified 2026-08-27

Frequently Asked Questions About Missouri § 40.144

What does Revised Statutes of Missouri § 40.144 cover?

Section 40.144 ("Res judicata to apply, when — exception not a bar to civilian prosecution.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Missouri § 40.144?

A common citation format is "Revised Statutes of Missouri § 40.144" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Missouri law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.

How does Missouri § 40.144 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.