(a)  No person may, without his or her consent, be tried a second time in any military court of the state for the same offense.

Terms Used In Rhode Island General Laws 30-13-47

  • 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 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

(b)  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.

(c)  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 is a “trial” in the sense of this section.

History of Section.
G.L. 1956, § 30-13-47; P.L. 1962, ch. 82, § 1.