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§ 33-10-106 Advice of judge advocate regarding charge.

SD Codified L § 33-10-106 (2019) (N/A)
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33-10-106. Advice of judge advocate regarding charge. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that:

(1) The specification alleges an offense under this code;

(2) The specification is warranted by the evidence indicated in the report of investigation pursuant to §§ 33-10-100 to 33-10-104, inclusive, if there is such a report; and

(3) A court-martial would have jurisdiction over the accused and the offense.Source: SL 2012, ch 175, § 87.

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§ 33-10-107 Contents of judge advocate's statement--Reference for trial.