Section 32.1074 – Remitting or Suspending Part or Amount of Unexecuted Sentence; Substituting Administrative Form of Discharge for Dishonorable Discharge or Dismissal.
32.1074 Remitting or suspending part or amount of unexecuted sentence; substituting administrative form of discharge for dishonorable discharge or dismissal. Sec. 74. (1) A convening authority may remit or suspend any part or amount of the unexecuted part of a sentence, including all uncollected forfeitures. (2) The governor, for good cause, may substitute an administrative […]
Section 32.1075 – Restoration of Rights, Privileges, and Property Affected by Executed Part of Court-Martial Sentence That Is Set Aside or Disapproved; Exception; Substituting Administrative Form of Discharge Where Previously Executed Sentence of Dishonorable Discharge or Dismissal Not Imposed on New Trial; Exception; Reappointment of Dismissed Officer.
32.1075 Restoration of rights, privileges, and property affected by executed part of court-martial sentence that is set aside or disapproved; exception; substituting administrative form of discharge where previously executed sentence of dishonorable discharge or dismissal not imposed on new trial; exception; reappointment of dismissed officer. Sec. 75. (1) Each right, privilege, and property affected by […]
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 32.1044 – Trial of Accused Twice for Same Offense Prohibited.
32.1044 Trial of accused twice for same offense prohibited. Sec. 44. (1) A person subject to this code shall not be tried a second time by a civil court or a military court of the state for the same offense. (2) A proceeding in which an accused is found guilty by a court-martial upon a […]
Section 32.1045 – Entering Plea of Not Guilty in Record; Entering Finding of Guilty Where Plea of Guilty Made and Accepted; Withdrawal of Guilty Plea.
32.1045 Entering plea of not guilty in record; entering finding of guilty where plea of guilty made and accepted; withdrawal of guilty plea. Sec. 45. (1) If an accused, after arraignment, makes an irregular pleading, or after a plea of guilty sets up a matter inconsistent with the plea, or if it appears that the […]
Section 32.1046 – Obtaining Witnesses and Other Evidence; Equal Opportunity; Powers of Military Judge or Summary Court Officer; Process Issued in Court-Martial to Run to Any Part of State.
32.1046 Obtaining witnesses and other evidence; equal opportunity; powers of military judge or summary court officer; process issued in court-martial to run to any part of state. Sec. 46. (1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence. (2) The military judge or a […]
Section 32.1047 – Offenses Against State; Compliance With Subpoena; Attendance, Qualification, and Testifying as Witness; Production of Evidence; Trial; Jurisdiction; Punishment.
32.1047 Offenses against state; compliance with subpoena; attendance, qualification, and testifying as witness; production of evidence; trial; jurisdiction; punishment. Sec. 47. (1) A person is guilty of an offense against the state and may be punished in the same manner as provided in actions or proceedings in the circuit courts of this state if that […]
Section 32.1048 – Military Court; Contempt Power; Punishment.
32.1048 Military court; contempt power; punishment. Sec. 48. A military court may punish for contempt a person subject to this code who wilfully and unlawfully refuses to be sworn or to affirm as a witness or who refuses to answer a legal or proper question or who uses a menacing word, sign, or gesture in […]
Section 32.1049 – Depositions.
32.1049 Depositions. Sec. 49. (1) At any time after charges have been signed as provided in section 30, a party may take an oral or written deposition unless the military judge or a court-martial without a military judge hearing the case, or if the case is not being heard, the convening authority forbids the deposition […]