(a)  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 had the opportunity to cross-examine the witness and if the same issue was involved or if the accused consents to the introduction of the evidence.

Terms Used In Rhode Island General Laws 30-13-53

  • 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.
  • Military: refers to any or all of the armed forces;
    (15) "Military court" means a court-martial, a court of inquiry, or a provost court;
    (16) "Officer" means commissioned or warrant officer;
    (17) "Rank" means the order of precedence among members of the state military forces;
    (18) "Shall" is used in an imperative sense;
    (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces;
    (20) "State military forces" means the national guard of the state, as defined in 32 U. See Rhode Island General Laws 30-13-1
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b)  This testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.

(c)  This testimony may also be read in evidence before a court of inquiry or a military board.

History of Section.
G.L. 1956, § 30-13-53; P.L. 1962, ch. 82, § 1.