A. Each person discharged from the national guard who is later charged with having fraudulently obtained the discharge is subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in the custody of the military for that trial. On conviction of that charge the person is subject to trial by court-martial for all offenses in this code committed before the fraudulent discharge.

Terms Used In Arizona Laws 26-1003

  • apprehension: means taking a person into custody. See Arizona Laws 26-1001
  • Code: means the Arizona code of military justice as set forth in this chapter. See Arizona Laws 26-1001
  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Military: means any or all of the armed forces of this state, the United States or any other state. See Arizona Laws 26-1001
  • National guard: means the national guard of Arizona and the state guard when organized. See Arizona Laws 26-1001
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. A person who has deserted from the national guard is subject to the jurisdiction of this code notwithstanding a separation from any later period of service.

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