KRS 35.220: Former jeopardy.

(1) No person may, without his consent, be tried a second time for the same offense.

(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.

(3) 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 a vailable evidence or witnesses without any fault of the accused shall

be a trial in the sense of this section.