reglab/housing_qa huggingface dataset:
MO Rev Stat § 40.165 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.165 - Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law.

Effective - 28 Aug 1984   40.165. Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law. — 1. Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall in each case count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.  2. The military judge and, except for questions of challenge, the presiding officer of a court-martial without a military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused, or by the presiding officer of a court-martial without a military judge upon any question of law other than a motion for a finding of not guilty, constitutes the ruling of the court.  3. Before a vote is taken on the findings, the military judge shall in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them:  (1) That the accused must be presumed to be innocent until guilt is established by legal and competent evidence beyond reasonable doubt;  (2) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;  (3) That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and  (4) That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the prosecution.  4. Subsections 1, 2, and 3 of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge and impose appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein. ­­-------- (L. 1984 H.B. 1035 § 52)
MO Rev Stat § 40.168 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.168 - Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect.

Effective - 28 Aug 1984   40.168. Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect. — 1. No person may be convicted of an offense, except by the concurrence of all of the members present at the time the vote is taken unless such person enters a guilty plea.  2. All sentences shall be determined by the concurrence of all of the members present at the time that the vote is taken.  3. All other questions to be decided by the members of a general court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence with a view toward decreasing it may be made by a lesser vote which indicates a different result would be obtained. A tie vote on a challenge disqualifies the member challenged. ­­-------- (L. 1984 H.B. 1035 § 53)
MO Rev Stat § 40.170 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.170 - Sentence and findings announced, when.

Effective - 28 Aug 1984   40.170. Sentence and findings announced, when. — A court-martial shall announce its findings and sentence to the parties as soon as determined. ­­-------- (L. 1984 H.B. 1035 § 54)
MO Rev Stat § 40.173 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.173 - Record of proceedings authentication — verbatim, record not required when — copy to be furnished accused, when.

Effective - 28 Aug 1984   40.173. Record of proceedings authentication — verbatim, record not required when — copy to be furnished accused, when. — 1. Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of the judge's death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by a member of the court-martial if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. If the proceedings have resulted in an acquittal of all charges and specifications or in a sentence not including discharge and not in excess of that which may otherwise be adjudged by a special court-martial, the record need not contain a verbatim account of the proceedings and testimony before the court, but shall contain such matters as the governor may by regulation prescribe.  2. Each special and summary courts-martial shall keep a separate record of the proceedings in each case, which record shall contain such matter and shall be authenticated in such manner as the governor may by regulation prescribe.  3. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection l of this section, but has been made, the accused may buy such a record under such regulations as the governor may prescribe. ­­-------- (L. 1984 H.B. 1035 § 55)
MO Rev Stat § 40.175 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.175 - Cruel and unusual punishment prohibited.

Effective - 28 Aug 1984   40.175. Cruel and unusual punishment prohibited. — Punishment by flogging, or by branding, or marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to sections 40.005 to 40.490. The use of irons, single or double, except for the purpose of safe custody, is prohibited. ­­-------- (L. 1984 H.B. 1035 § 56)
MO Rev Stat § 40.178 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.178 - Punishment, governor may prescribe limits.

Effective - 28 Aug 1984   40.178. Punishment, governor may prescribe limits. — The punishment which a court-martial may direct for any offense may not exceed such limits as the governor may prescribe for that offense subject to the limits prescribed by sections 40.005 to 40.490. ­­-------- (L. 1984 H.B. 1035 § 57)
MO Rev Stat § 40.180 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.180 - Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when.

Effective - 28 Aug 1984   40.180. Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when. — 1. Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture may apply to pay or allowances accrued before that date.  2. Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers.  3. All other sentences of courts-martial are effective on the date ordered executed.  4. On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under the convening authority's jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no* longer under the officer's jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned. ­­-------- (L. 1984 H.B. 1035 § 58)  *Word "not" appears in original rolls.
MO Rev Stat § 40.183 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.183 - Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized.

Effective - 28 Aug 1984   40.183. Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized. — 1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designed for the purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of this state or of any political subdivision.  2. The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.  3. The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such person as the governor may authorize to act under section 40.035, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. Any such keeper may require payment of a reasonable fee for so receiving or confining a person to be paid upon requisition of the office of the adjutant general after confinement. ­­-------- (L. 1984 H.B. 1035 § 59)
MO Rev Stat § 40.185 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.185 - Sentence, convening authority may approve, suspend or commute.

Effective - 28 Aug 1984   40.185. Sentence, convening authority may approve, suspend or commute. — Except as provided in section 40.183, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by that authority. The convening authority shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence as approved by him. ­­-------- (L. 1984 H.B. 1035 § 60)
MO Rev Stat § 40.190 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.190 - Trial record review by reviewing authority.

Effective - 28 Aug 1984   40.190. Trial record review by reviewing authority. — After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being in the absence of the convening authority, a successor in command, any officer exercising general court-martial jurisdiction, or by the governor. ­­-------- (L. 1984 H.B. 1035 § 61)
MO Rev Stat § 40.193 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.193 - Opinion on general court-martial — drafted by whom — acquittal, limitations.

Effective - 28 Aug 1984   40.193. Opinion on general court-martial — drafted by whom — acquittal, limitations. — The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal officer, who shall submit his written opinion thereon to the convening authority. If there is no qualified staff judge advocate or legal officer available, the state judge advocate shall assign a judge advocate officer for such purpose. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction. ­­-------- (L. 1984 H.B. 1035 § 62)
MO Rev Stat § 40.195 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.195 - Record returned for reconsideration, when.

Effective - 28 Aug 1984   40.195. Record returned for reconsideration, when. — 1. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.  2. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:  (1) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;  (2) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of sections 40.005 to 40.490; or  (3) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory. ­­-------- (L. 1984 H.B. 1035 § 63)
MO Rev Stat § 40.198 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.198 - Rehearing limitations — dismissal of charges, when.

Effective - 28 Aug 1984   40.198. Rehearing limitations — dismissal of charges, when. — 1. If the convening authority disapproves the findings and sentence of a court-martial that authority may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case the convening authority shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, the convening authority shall dismiss the charges.  2. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused shall not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. ­­-------- (L. 1984 H.B. 1035 § 64)
MO Rev Stat § 40.200 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.200 - Sentence, approval by convening authority — powers.

Effective - 28 Aug 1984   40.200. Sentence, approval by convening authority — powers. — In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as the convening authority in his discretion determines should be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence. ­­-------- (L. 1984 H.B. 1035 § 65)
MO Rev Stat § 40.203 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.203 - Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial.

Effective - 28 Aug 1984   40.203. Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial. — 1. When the governor has taken final action in a court-martial case in which he is the convening authority, there shall be no further review.  2. When a convening authority other than the governor has taken final action in a general court-martial case, he shall forward the entire record, including his action thereon and the opinion or opinions of the staff judge advocate or legal officer, to the state judge advocate.  3. Where the sentence of a special court-martial as approved by the convening authority includes a bad conduct discharge, whether or not suspended, the record shall be forwarded to the officer exercising general court-martial jurisdiction over the command to be reviewed in the same manner as a record of trial by a general court-martial. If the sentence as approved by an officer exercising general court-martial jurisdiction includes a bad conduct discharge, whether or not suspended, the record shall be forwarded to the state judge advocate.  4. All other special and summary court-martial records shall be reviewed by a judge advocate of the Army National Guard or Air National Guard and shall be transmitted and disposed of as the adjutant general may prescribe by regulations. ­­-------- (L. 1984 H.B. 1035 § 66)
MO Rev Stat § 40.205 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.205 - Record of trial examined by judge advocate — board of review to review, when.

Effective - 28 Aug 1984   40.205. Record of trial examined by judge advocate — board of review to review, when. — Every record of trial by general court-martial in which there has been a finding of guilty and a sentence, and every record of trial by special court-martial in which the sentence as approved by an officer exercising general court-martial jurisdiction includes a bad conduct discharge, shall be examined in the office of the state judge advocate. If the state judge advocate so directs, the record shall be reviewed by a board of review in accordance with section 40.208. ­­-------- (L. 1984 H.B. 1035 § 67)
MO Rev Stat § 40.208 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.208 - Boards of review — appointment — membership — qualifications — powers and duties.

Effective - 28 Aug 1984   40.208. Boards of review — appointment — membership — qualifications — powers and duties. — 1. The state judge advocate may constitute one or more boards of review, each composed of not less than three commissioned officers, each of whom shall be a member of the Missouri Bar and one of whom shall be a judge advocate of the Army or Air National Guard.  2. In a case referred to it, the board of review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record it shall have authority to weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.  3. If the board of review sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.  4. The state judge advocate shall, unless there is to be further action by the governor, instruct the convening authority to take action in accordance with the decision of the board of review. If the board of review has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.  5. In the event one or more boards of review are constituted in accordance with this section, the state judge advocate shall prescribe uniform rules of procedure for proceedings in and before such board or boards of review. ­­-------- (L. 1984 H.B. 1035 § 68)
MO Rev Stat § 40.210 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.210 - Error of law, findings or sentence not incorrect unless prejudicial to rights of accused.

Effective - 28 Aug 1984   40.210. Error of law, findings or sentence not incorrect unless prejudicial to rights of accused. — 1. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.  2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense. ­­-------- (L. 1984 H.B. 1035 § 69)
MO Rev Stat § 40.214 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.214 - Appeals, when — accused's right to civilian counsel provided by him or military counsel — appellate military counsel, qualifications.

Effective - 28 Aug 1984   40.214. Appeals, when — accused's right to civilian counsel provided by him or military counsel — appellate military counsel, qualifications. — Upon review of the record of trial by general court-martial in which there has been a finding of guilty and a sentence and upon review of the record of trial by special court-martial in which the sentence as approved by an officer exercising general court-martial jurisdiction includes a bad conduct discharge, the accused shall have the right to be represented before the state judge advocate or the board of review, as the case may be, by military counsel if requested by him or by civilian counsel if provided by him. Appellate military counsel shall be a commissioned officer of the state military forces and shall be a member of the Missouri Bar. ­­-------- (L. 1984 H.B. 1035 § 70)
MO Rev Stat § 40.216 (2021)
2021 Missouri Revised Statutes|Title V - Military Affairs and Police|Chapter 40 - Military Justice|Section 40.216 - Sentence approval by governor required, when — governor's powers — sentence approval by convening authority, powers.

Effective - 28 Aug 1984   40.216. Sentence approval by governor required, when — governor's powers — sentence approval by convening authority, powers. — 1. No sentence extending to the dismissal of a commissioned officer or dishonorable discharge or bad conduct discharge shall be executed until approved by the governor. He shall approve the sentence or such part, amount, or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence or any part of the sentence, as approved by him.  2. All other court-martial sentences, unless suspended, may be ordered executed by the convening authority when approved by him. The convening authority may suspend the execution of any sentence. ­­-------- (L. 1984 H.B. 1035 § 71)