(a)  Each person discharged from the state military forces who is later charged with having fraudulently obtained his or her discharge is, subject to § 30-13-46, 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. Upon conviction of that charge, he or she is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge or after conviction.

Terms Used In Rhode Island General Laws 30-13-3

  • 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: 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b)  No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.

History of Section.
G.L. 1956, § 30-13-3; P.L. 1962, ch. 82, § 1.