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Title V MILITARY AFFAIRS AND POLICE

  Chapter 40back to chapter 40

  40.119.  Referring charges for trial requirements to be met in general court-martial. — 1.  Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice.  The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under sections 40.005 to 40.490 and is warranted by evidence indicated in the report of the investigation.

  2.  If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence shall be made.

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(L. 1984 H.B. 1035 § 35)


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