Section 5924.79 | Conviction of Lesser Included Offense.
Effective: October 10, 1961 Latest Legislation: House Bill 154 – 104th General Assembly 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 necessarily included therein.
Section 5924.80 | Attempts.
Effective: October 10, 1961 Latest Legislation: House Bill 154 – 104th General Assembly (A) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense. (B) Any person subject to this […]
Section 5924.66 | Court of Military Appeals.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) There is hereby created the court of military appeals. The court is a court of record and has exclusive jurisdiction of all appeals from courts-martial convened pursuant to this code. The court shall sit in Franklin county. All hearings conducted by […]
Section 5924.67 | Compensation for Judges.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly A judge of the court of military appeals shall receive as compensation for each day of attendance on the business of the court an amount equal to the annual compensation of a judge of a court of appeals divided by the number […]
Section 5924.68 | Power of Subpoena.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly The court of military appeals may subpoena witnesses, require the production of evidence, and punish for contempt in the same manner and to the same extent as a common pleas court.
Section 5924.69 | Appeals to the Supreme Court.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly Appeals from orders and judgments of the court of military appeals may be taken to the supreme court in the same manner and to the same extent as criminal appeals from orders and judgments of a court of appeals.
Section 5924.70 | Appellate Counsel.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) The state judge advocate shall detail one or more judge advocates as appellate government counsel and one or more judge advocates assigned to the United States army trial defense service or the United States air force area defense counsel as appellate […]
Section 5924.71 | Sentence of Dismissal or Discharge.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) If the sentence of a court-martial of a commissioned officer or cadet includes dismissal, that part of the sentence providing for dismissal may not be executed until it is approved by the adjutant general. The adjutant general may commute, remit, or […]
Section 5924.72 | Vacation of Suspension of Sentence.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly (A) An officer having special court-martial jurisdiction over a person whose sentence has been suspended may recommend vacation of the suspension of an approved sentence or part of a sentence that was imposed by a special court-martial and includes a bad-conduct discharge […]
Section 5924.73 | Petition for New Trial.
Effective: September 28, 2012 Latest Legislation: House Bill 490 – 129th General Assembly At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the ground of newly discovered evidence or fraud on the court. The adjutant general […]