Jeopardy where accused not found guilty

SDCL § 33-10-134 — under UNIFORM STATE CODE OF MILITARY JUSTICE.

SDCL § 33-10-134

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 §