(1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(2) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.

Terms Used In Kentucky Statutes 35.250

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Officer: means a commissioned or warrant officer. See Kentucky Statutes 35.010
  • Record: when used in connection with the proceedings of a court-martial, means: (a) An official written transcript, written summary, or other writing relating to the
    proceedings. See Kentucky Statutes 35.010
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(3) Such testimony may also be read in evidence before a court of inquiry.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 51, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 36. — Created 1954 Ky. Acts ch. 99, sec. 49, effective July
1, 1954.

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