Double jeopardy

O.C.G.A. § 38-2-1044 — under Title 38.

O.C.G.A. § 38-2-1044

(a) No person shall, without his or her consent, be tried a second time for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification shall be a trial in the sense of this Code section until the finding of guilty has become final after review of the case has been fully completed. 462 38-2-1046 (c) 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 shall be a trial in the sense of this Code section. History. — Code 1981, § 38-2-1044, enacted by Ga. L. 2015, p. 753, § 1/HB 98.