§ 33-13-415. Review by state judge advocate
In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. He may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct […]
§ 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 […]
§ 33-13-325. Contempts
A military court may punish for contempt any person who uses any menacing words, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. Punishment may not exceed confinement for thirty (30) days or a fine of Eight Hundred Dollars ($800.00), or both, provided that punishment of civilians by […]
§ 33-13-327. Depositions
At any time after charges have been signed, as provided in Section 33-13-251 of this code, any party may take oral or written depositions unless the military judge, a court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial […]
§ 33-13-329. Admissibility of records of courts of inquiry
Upon a showing of unavailability in any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, or of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in […]
§ 33-13-331. Voting and rulings
Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall collect and count the votes. The count shall be checked by the president who shall forthwith announce the result of the ballot to the members of […]
§ 33-13-333. Number of votes required
No person may be convicted of an offense, except by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken. All sentences shall be determined by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken. All other questions to be decided by […]
§ 33-13-335. Court to announce action
A court-martial shall announce its finding and sentence to the parties as soon as determined.