GroundRules
← Search the law
Mississippi · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Miss. Code Ann. § 33-13-409: Miss. Code Ann. § 33-13-409

Read at publisher ↗
Where this section sits in the code
  1. MS Code
  2. Title 33

(a) If the convening authority disapproves the finding and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a hearing, he shall dismiss the charges.

(b) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.

Collected 2026-09-14T18:32:17Z. Source file · JSON

Browse this collection