 | United States. War Department - 1920 - 526 pages
...offence barred by the provisions of existing law. [BUL.25.l [BuL.25.l 47 ART. 40. As TO NUMRER. — No person shall, without his consent, .be tried a...charge or specification shall be held to be a trial 1K the sense of this article until the reviewing and, if there be one, the confirming authority shall... | |
 | United States. War Department. Board on Courts-Martial and Their Procedure - 1919 - 48 pages
...second time for the same offense: Provided, That no procedure in which a conviction has been reached by a court-martial upon any charge or specification...be a trial in the sense of this article until the revieimng authority, and, if there be one, the confirming authority, shall have taken final action... | |
 | United States. War Department - 1920 - 48 pages
...provisions of existing law. ART. 40. As TO NUMCEB. — No person shall, without his consent, be tried n second time for the same offense; but no proceeding in which an accused has been found guilty by a court_martial upon any charge or specification shall be held to be a trial in the sense of this article... | |
 | United States. War Department - 1920 - 870 pages
...punishment for any crime or offense barred by the provisions of existing law. ART. 40. As TO NUMBER. — No person shall, without his consent, be tried a second time for the same offense; hut no proceeding in which an accused has been found guilty by a conrtmartial upon any charge or specification... | |
 | United States - 1921 - 1064 pages
...offense barred by the provisions of existing law. [41 S tat. L. 794.] ART. 40. As то NUMBER. — No person shall, without his consent, be tried a second...upon any charge or specification shall be held to he a trial in the sense of this article until the reviewing and, if there be one, the confirming authority... | |
 | United States - 1921 - 780 pages
...amenable to justice within the two years. (1878) 16 Op. Atty. Gen. 170. Art. 40. As to number. — No person shall, without his consent, be tried a second...same offense; but no proceeding in which an accused lias bees found guilty by n court-martial upon any charge or specification shall be held to be a trial... | |
 | United States - 1921 - 780 pages
...amenable to justice within the two years. (1878) 16 Op. Atty. Gen. 170. Art. 40. As to number.—No person shall, without his consent, be tried a second...same offense; but no proceeding in which an accused lias bees found guilty by n court-martial upon any charge or specification shall be held to be a trial... | |
 | United States - 1928 - 618 pages
...resolution of Congress. May 5, 1950, c. 169, § 1, 64 Stat. 121. § 619. Former jeopardy (article 44) (a) No person shall, without his consent, be tried a second time for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification... | |
 | United States. Army. Office of the Judge Advocate General - 1932 - 1332 pages
...proceeding amounted to a trial, the conviction by the second court was legal. While AW 40 provides that no person shall, without his consent, be tried a second time for the same offense, it is well settled that the accused may waive this right (Op. JAG, 1912, p. 167) and in order to assert... | |
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No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be held to be a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed. 
