{"data":{"id":"us-ms/miss.-code-ann.-33-13-409","jurisdiction":"us-ms","citation":"Miss. Code Ann. § 33-13-409","heading":"Miss. Code Ann. § 33-13-409","body":"(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.\n\n(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.","path":["MS Code","Title 33"],"source_url":"https://legislature.ms.gov/","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:17Z","sha256":"dafb2f7b82b76d2d448e8bd182db5a5893e571271a6edd883471f90596470372","source_id":"us-ms","stale":false,"prev":"us-ms/miss.-code-ann.-33-13-407","next":"us-ms/miss.-code-ann.-33-13-411"},"notice":"GroundRules: Original legal text. Not legal advice."}