Revisor Home

Title V MILITARY AFFAIRS AND POLICE

 Chapter 40

previous next Effective - 28 Aug 1984bottom

  40.198.  Rehearing limitations — dismissal of charges, when. — 1.  If the convening authority disapproves the findings and sentence of a court-martial that authority may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing.  In such a case the convening authority shall state the reasons for disapproval.  If he disapproves the findings and sentence and does not order a rehearing, the convening authority shall dismiss the charges.

  2.  Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case.  Upon a rehearing the accused shall not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.

­­--------

(L. 1984 H.B. 1035 § 64)


---- end of effective   28 Aug 1984 ----

use this link to bookmark section  40.198


In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Contact
Other Links
Oversight Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

 4