26-1044. Former jeopardy
A. No person, without his consent, may be tried a second time for the same offense.
B. No proceeding in which an accused has been found guilty by court-martial on any charge or specification is a trial in the sense of this section until the finding of guilt becomes final after review of the case has been fully completed.
C. A proceeding in which, after 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 for purposes of this article.
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