reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.144 - Res judicata to apply, when — exception not a bar to civilian prosecution.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.144. Res judicata to apply, when — exception not a bar to civilian prosecution. —
1. No person subject to sections 40.005 to 40.490 shall, without his consent, be tried a second time for the same offense in a military court convened under sections 40.005 to 40.490. Prosecution under sections 40.005 to 40.490 shall not bar prosecution by civil authorities for a crime or offense growing out of the same act or omission committed in violation of the laws of the civil jurisdiction, unless prohibited by res judicata or double jeopardy.
2. 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. However, 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.
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(L. 1984 H.B. 1035 § 45)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.148 - Not guilty plea, entered when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.148. Not guilty plea, entered when. —
1. A plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty, if after arraignment before a court-martial:
(1) An accused makes an irregular pleading;
(2) After a plea of guilty an accused sets up a matter inconsistent with the plea;
(3) It appears that an accused has entered a plea of guilty improvidently or through lack of understanding of its meaning or effect; or
(4) An accused fails or refuses to plead.
2. With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or summary court, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
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(L. 1984 H.B. 1035 § 46)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.150 - Witnesses and evidence, authority to obtain.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.150. Witnesses and evidence, authority to obtain. —
1. The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe.
2. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which the courts of this state having criminal jurisdiction may lawfully issue and shall run to any part of the state and to any other state or territory, district or possession in which the court-martial may be sitting.
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(L. 1984 H.B. 1035 § 47)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.153 - Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.153. Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute. —
1. Any person not subject to sections 40.005 to 40.490 is guilty of a class C misdemeanor who:
(1) Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;
(2) Has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the circuit courts of this state; and
(3) Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce.
2. Upon the certification of the facts under subsection 1 of this section by the military judge or summary court officer to the prosecuting attorney of the county where the offense occurred, the prosecuting attorney shall prosecute.
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(L. 1984 H.B. 1035 § 48)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.155 - Contempt, authority of military court — penalties.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.155. Contempt, authority of military court — penalties. —
1. A military court may punish for contempt any person subject to sections 40.005 to 40.490 who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. Such punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both.
2. Any person other than a member of the National Guard who shall resort to disorderly, contemptuous or insolent behavior in, or use any insulting or indecorous language or expressions to or before, any military court, or any member of either of such courts, in open court, to interrupt the proceedings or to impair the authority of such courts, shall be guilty of a class C misdemeanor and may be arrested by the order of the president of the court, and at once delivered to the civil authorities for prosecution as provided in subsection 2 of section 40.153.
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(L. 1984 H.B. 1035 § 49)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.157 - Depositions authorized, when — procedure — exception — admitted into evidence, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.157. Depositions authorized, when — procedure — exception — admitted into evidence, when. —
1. At any time after charges have been signed, as provided in section 40.108, any party may take oral or written depositions unless the military judge or an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority shall designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
2. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
3. Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of this state or by the laws of the place where the deposition is taken to administer oaths.
4. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:
(1) That the witness is dead; or
(2) That the witness is out of the state and the witness' appearance cannot be obtained, unless it appears that the absence of the witness was procured by the party offering the deposition; or
(3) That the witness is unable to attend or testify because of sickness, infirmity, imprisonment, military necessity, age, or nonamenability to process, or other reasonable cause; or
(4) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena or other process.
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(L. 1984 H.B. 1035 § 50)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.160 - Sworn testimony in court of inquiry, record admissible in evidence, when — exception.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.160. Sworn testimony in court of inquiry, record admissible in evidence, when — exception. —
1. 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 if the same issue was involved or if the accused consents to the introduction of such evidence.
2. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
3. Such testimony may also be read in evidence before a court of inquiry or a military board.
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(L. 1984 H.B. 1035 § 51)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 52)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 53)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.170 - Sentence and findings announced, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 54)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 55)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.175 - Cruel and unusual punishment prohibited.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 56)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.178 - Punishment, governor may prescribe limits.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 57)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 58)
*Word "not" appears in original rolls.
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 59)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.185 - Sentence, convening authority may approve, suspend or commute.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 60)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.190 - Trial record review by reviewing authority.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 61)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 62)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.195 - Record returned for reconsideration, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 63)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.198 - Rehearing limitations — dismissal of charges, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 64)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.200 - Sentence, approval by convening authority — powers.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 65)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 66)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 67)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 68)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 69)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 70)
2023 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.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• 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.
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(L. 1984 H.B. 1035 § 71)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.218 - Probationer, violations — hearing, rights of probationer to counsel — procedure.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.218. Probationer, violations — hearing, rights of probationer to counsel — procedure. —
1. Prior to the vacation of the suspension of a special court-martial sentence which as approved includes a bad conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he so desires.
2. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be forwarded for action to the officer exercising general court-martial jurisdiction. If he vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
3. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
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(L. 1984 H.B. 1035 § 72)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.220 - New trial, petition by accused when, grounds — time limitation.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.220. New trial, petition by accused when, grounds — time limitation. —
At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad conduct discharge, the accused may petition the governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.
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(L. 1984 H.B. 1035 § 73)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.225 - Sentence, unexecuted portion — powers to remit or suspend, exception — discharge or dismissal ordered by governor, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.225. Sentence, unexecuted portion — powers to remit or suspend, exception — discharge or dismissal ordered by governor, when. —
1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures, other than a sentence approved by the governor.
2. The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
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(L. 1984 H.B. 1035 § 74)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.228 - Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.228. Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect. —
1. Under such regulations as the governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon a new trial or rehearing.
2. When a previously executed sentence of dishonorable or bad conduct discharge is not sustained on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
3. When a previously executed sentence of dismissal is not sustained on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the governor alone to such commissioned grade and with such rank as in the opinion of the governor that former officer would have attained had that officer not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
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(L. 1984 H.B. 1035 § 75)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.230 - Sentences, proceedings, findings are final, exception — appeal on questions of law to state and federal courts.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.230. Sentences, proceedings, findings are final, exception — appeal on questions of law to state and federal courts. —
The proceedings, findings and sentences of court-martial as reviewed and approved, as required by sections 40.005 to 40.490, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required by sections 40.005 to 40.490, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state subject only to action upon a petition for a new trial or action by the governor as provided in sections 40.220 and 40.225; provided, however, that nothing in sections 40.005 to 40.490 shall be construed to prevent petition to appropriate state or federal courts for relief on questions of law.
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(L. 1984 H.B. 1035 § 76)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.231 - Appeals from final decisions, how made.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1986
40.231. Appeals from final decisions, how made. —
Appeals from final decisions in all courts-martial shall be made pursuant to Article V, Section 3 of the Constitution of this State.
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(L. 1986 H.B. 1505)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.234 - Duty status required for conviction on certain offenses.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.234. Duty status required for conviction on certain offenses. —
No person may be tried or punished for any offense provided for in sections 40.237 to 40.415, unless it was committed while the person was in a duty status.
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(L. 1984 H.B. 1035 § 77)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.237 - Principal in actions defined.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.237. Principal in actions defined. —
Any person subject to sections 40.005 to 40.490 is a "principal" who:
(1) Commits an offense punishable by sections 40.005 to 40.490, or aids, abets, counsels, commands, or procures its commission; or
(2) Causes an act to be done which if directly performed by the person would be punishable by sections 40.005 to 40.490.
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(L. 1984 H.B. 1035 § 78)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.240 - Assists offender, how punished.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.240. Assists offender, how punished. —
Any person subject to sections 40.005 to 40.490 who, knowing that an offense punishable by sections 40.005 to 40.490 has been committed, receives, comforts, or assists the offender in order to hinder or prevent the offender's apprehension, trial, or punishment shall be punished as a court-martial may direct.
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(L. 1984 H.B. 1035 § 79)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.245 - Attempt to commit offense may be part of offense.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.245. Attempt to commit offense may be part of offense. —
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
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(L. 1984 H.B. 1035 § 80)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.250 - Attempt to commit offense even though failing in commission is offense, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.250. Attempt to commit offense even though failing in commission is offense, when. —
1. An act, done with specific intent to commit an offense under sections 40.005 to 40.490, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
2. Any person subject to sections 40.005 to 40.490 who attempts to commit any offense punishable by sections 40.005 to 40.490 shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
3. Any person subject to sections 40.005 to 40.490 may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
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(L. 1984 H.B. 1035 § 81)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.255 - Conspirators, deemed to have committed offense, when.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.255. Conspirators, deemed to have committed offense, when. —
Any person subject to sections 40.005 to 40.490 who conspires with any other person to commit an offense under sections 40.005 to 40.490 shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
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(L. 1984 H.B. 1035 § 82)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.260 - Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.260. Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment. —
1. Any person subject to sections 40.005 to 40.490 who solicits or advises another or others to desert in violation of section 40.273 or mutiny in violation of section 40.307 shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a court-martial may direct.
2. Any person subject to sections 40.005 to 40.490 who solicits or advises another or others to commit an act of misbehavior before a hostile force in violation of section 40.325 or sedition in violation of section 40.307 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a court-martial may direct.
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(L. 1984 H.B. 1035 § 83)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.265 - False representation to procure enlistment — appointment — separation — court-martial proceedings.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.265. False representation to procure enlistment — appointment — separation — court-martial proceedings. —
Any person who:
(1) Procures his own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person's qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) Procures his own separation from the state military forces by knowingly false representation or deliberate concealment as to the person's eligibility for that separation shall be punished as a court-martial may direct.
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(L. 1984 H.B. 1035 § 84)
2023 Missouri Revised Statutes › Title V - Military Affairs and Police › Chapter 40 - Military Justice › Section 40.270 - Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial.

Title V MILITARY AFFAIRS AND POLICE
Chapter 40
• Effective - 28 Aug 1984
40.270. Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial. —
Any person subject to sections 40.005 to 40.490 who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to that person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
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(L. 1984 H.B. 1035 § 85)