§ 130.44. Former jeopardy. (a) No person shall without his consent,\nbe tried a second time by a civil court or a military court of the state\nfor the same offense.\n (b) No proceeding in which an accused has been found guilty by a\ncourt-martial upon any charge or specification shall be held to be a\ntrial in the sense of this section until the finding of guilty has\nbecome final after review of the case has been fully completed.\n (c) A proceeding which, subsequent to the introduction of evidence but\nprior to a finding, is dismissed or terminated by the convening\nauthority or on motion of the prosecution for failure of available\nevidence or witnesses without any fault of the accused shall be a trial\nin the sense of this section.\n
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