Oklahoma § 44-844 - Former jeopardy

§ 44-844. Former jeopardy

ARTICLE 44. Former jeopardy.

A. No person may, without his or her consent, be tried a second

time for the same offense.

B. No proceeding in which an accused has been found guilty by

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.

C. 1. A court-martial with a military judge alone is a trial

for the purposes of this section 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 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),

Oklahoma Statutes - Title 44. Militia

the case is dismissed or terminated by the convening authority or on

motion of the prosecution for failure of available evidence or

witnesses.

Added by Laws 2019, c. 408, § 51, eff. Oct. 1, 2019.