Section 32.1058 – Sentence of Confinement; Execution; Discipline and Treatment to Which Imprisoned Person Subject; Omission of Words “Hard Labor” From Sentence; Duty of Keeper or Officer in Charge of County Jail to Receive or Confine Prisoner; Form of Writ; Fine; Commitment of Accused Upon Failure to Pay Fine; Form; Proceeds of Fines; Costs of Prosecution.
32.1058 Sentence of confinement; execution; discipline and treatment to which imprisoned person subject; omission of words “hard labor” from sentence; duty of keeper or officer in charge of county jail to receive or confine prisoner; form of writ; fine; commitment of accused upon failure to pay fine; form; proceeds of fines; costs of prosecution. Sec. […]
Section 32.1077 – Person Subject to Code as Principal.
32.1077 Person subject to code as principal. Sec. 77. A person subject to this code is a principal if the person commits 1 of the following acts: (a) An offense punishable by this code or aids, abets, counsels, commands, or procures the commission of the offense. (b) Causes an act to be done which if […]
Section 32.1060 – Forwarding Record to Convening Authority as Reviewing Authority; Exception; Action on Record.
32.1060 Forwarding record to convening authority as reviewing authority; exception; action on record. Sec. 60. Except as provided in section 71, after a trial by a court-martial, the record shall be forwarded to the convening authority as reviewing authority. Action on the record may be taken by the person who convened the court, a commanding […]
Section 32.1078 – Receiving, Comforting, or Assisting Offender; Punishment.
32.1078 Receiving, comforting, or assisting offender; punishment. Sec. 78. A 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 the offender’s apprehension, trial, or punishment shall be punished as a court-martial directs. History: 1980, Act […]
Section 32.1061 – Referring Record to State Judge Advocate; Review and Opinion.
32.1061 Referring record to state judge advocate; review and opinion. Sec. 61. Except as provided in section 71 and before taking action in a general court-martial, the convening authority shall refer the record of each general court-martial to the state judge advocate who shall review the record and submit a written opinion on the record […]
Section 32.1079 – Finding Accused Guilty of Offense Necessarily Included in Offense Charged or of Attempt to Commit Offense Charged or Offense Necessarily Included in Offense Charged.
32.1079 Finding accused guilty of offense necessarily included in offense charged or of attempt to commit offense charged or offense necessarily included in offense charged. Sec. 79. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense […]
Section 32.1062 – Returning Record to Court for Action; Reasons.
32.1062 Returning record to court for action; reasons. Sec. 62. (1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. (2) […]
Section 32.1080 – Attempt to Commit Offense; Punishment; Conviction of Attempt Where Offense Completed.
32.1080 Attempt to commit offense; punishment; conviction of attempt where offense completed. Sec. 80. (1) An act, done with the specific intent to commit an offense under this code, amounting to more than mere preparation, even though failing to effect its commission, is an attempt to commit that offense. (2) A person subject to this […]
Section 32.1063 – Disapproval by Convening Authority of Findings and Sentence; Reasons; Rehearing; Dismissal of Charges; Sentence.
32.1063 Disapproval by convening authority of findings and sentence; reasons; rehearing; dismissal of charges; sentence. Sec. 63. (1) If the convening authority disapproves the findings and sentence of a court-martial, the convening authority, except where there is lack of sufficient evidence in the record to support the findings, may order a rehearing. The convening authority […]
Section 32.1064 – Approval by Convening Authority of Findings of Guilty and Sentence; Approval of Sentence as Approval of Findings.
32.1064 Approval by convening authority of findings of guilty and sentence; approval of sentence as approval of findings. Sec. 64. In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings of guilty and the sentence or part or amount of the sentence as the convening authority finds […]