Kentucky Statutes 35.220 – Former jeopardy
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(1) No person may, without his consent, be tried a second time for the same offense.
(2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
(3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be a trial in the sense of this section.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 45, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 30. — Created 1954 Ky. Acts ch. 99, sec. 43, effective July
1, 1954.
(2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
Terms Used In Kentucky Statutes 35.220
- Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Kentucky Statutes 35.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused shall be a trial in the sense of this section.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 45, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 30. — Created 1954 Ky. Acts ch. 99, sec. 43, effective July
1, 1954.