US Lawyer Database

§ 33-13-431. Finality of proceedings, findings, and sentences

The appellate review of records of trial provided by this code, the proceedings, findings and sentences of court-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by court-martial following review and approval as required by this code, are final and conclusive. Orders publishing the […]

§ 33-13-451. Persons to be tried or punished

No person may be tried or punished for any offense provided for in Sections 33-13-451 through 33-13-529 of this code, unless it was committed while he was in a duty status or during a period of time when he was under lawful orders to be in a duty status.

§ 33-13-453. Principal

Any person subject to this code who: commits an offense punishable by this code or aids, abets, counsels, commands or procures its commission; or causes an act to be done which if directly performed by him would be punishable by this code; is a principal.

§ 33-13-455. Accessory after the fact

Any person subject to this code, who knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.

§ 33-13-417. Review by Mississippi Court of Military Appeals

There is hereby established a Mississippi Court of Military Appeals, located for administrative purposes only in the Mississippi Military Department, State of Mississippi. The court shall consist of five (5) judges appointed by the Adjutant General upon the advice and recommendation of the State Judge Advocate for a term of six (6) years. Initial appointments […]

§ 33-13-357. Execution of confinement

A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the state military forces or in any jail, […]

§ 33-13-401. Error of law; lesser included offense

A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding […]

§ 33-13-403. Initial action on the record

After trial by court-martial the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising general court-martial jurisdiction.

§ 33-13-405. General court-martial records

The convening authority shall refer the record of each general court-martial to his judge advocate who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.

§ 33-13-407. Reconsideration and revision

Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for […]