40.005Definitions — law applicable to all state military forces not in federal service40.007Discharge obtained by fraud — desertion — separation from service while proceedings are pending, jurisdiction of court40.010Dismissal of commissioned officer, by governor — right to trial, procedure — discharge substituted for dismissal, when — reappointment — no right to trial, when40.015Jurisdiction of military courts40.017State judge advocate, appointment, qualifications — assistant judge advocates, appointment, qualifications, restrictions40.020Apprehension defined — authority to apprehend, when40.023Absent without leave, authority to apprehend — offender outside state, procedure40.025Arrest — confinement — definitions — probable cause required — procedure — enlisted member — commissioned officer40.030Orders for arrest and confinement, when — certain offenses, confinement not required — defendant's rights — power to issue warrants — bail, when40.035Confinement, where40.036Jails and prisons required to keep prisoners, when — official's duties40.038Confinement requirements — other punishment prohibited — exception40.040Civil offenses, delivery to civil authority for trial — offender also sentenced to court-martial to be returned to military, when40.043Disciplinary punishment for minor offenses, no court-martial required — appeal procedure — right of accused to trial by court-martial40.050Personnel serving on courts for courts-martial — branches of National Guard, jurisdiction40.055General courts-martial, jurisdiction — punishment40.060Special courts-martial, jurisdiction — punishment — exceptions40.065Summary courts-martial, jurisdiction — punishment — objection by accused, trial by general or special courts-martial40.070Discharges or dismissals by courts-martial, requirements — governor's approval required40.075Sentence to confinement at one dollar a day instead of fine — limitations40.079Jurisdiction of courts-martial — accused of civil offense, release to civil authorities — accused of both civil and military offenses, released to civil authorities, when40.083Convening general courts-martial, persons authorized40.085Convening special courts-martial, persons authorized40.088Convening summary courts-martial, persons authorized40.090Eligibility to serve on courts-martial — members, how determined — unit, defined — ineligible persons40.095Military judge — appointment — qualifications — duties — restrictions40.098Trial counsel and defense counsel appointed, when — qualifications — restrictions40.100Court reporters, appointment, when40.105Members of general and special courts-martial required to be present, exceptions — members or military judge replaced, procedure40.108Charges — contents — oath — accused to be informed40.112Compelling self-incrimination prohibited — accused person's rights — violations not admitted in evidence40.114Impartial investigation of charges required — accused person's rights — demand for further investigation, procedure40.117Charges forwarded to officer exercising general court-martial jurisdiction, when — delay requirements40.119Referring charges for trial requirements to be met in general court-martial40.121Copy of charges served on accused by trial counsel — time requirement before he can be brought to trial40.124Procedure in military courts40.126Attempts to influence or coerce court prohibited — exceptions40.128Trial counsel, duties — defense counsel, duties — accused's right to provide civilian counsel or choose military — assistant counsels, duties40.130Pretrial motions, arraignment, pleas, court in session without members — proceedings to be in presence of accused and counsel — exceptions, vote and deliberations of members40.133Continuances, granted, when40.135Challenges, general or special court-martial40.138Oath required for all judges, members, counsel, reporters, interpreters40.141Time limitation to bring action — war time, certain offenses no limitation — computation40.144Res judicata to apply, when — exception not a bar to civilian prosecution40.148Not guilty plea, entered when40.150Witnesses and evidence, authority to obtain40.153Witness, willful failure to appear or to produce evidence, penalty — prosecutor shall prosecute40.155Contempt, authority of military court — penalties40.157Depositions authorized, when — procedure — exception — admitted into evidence, when40.160Sworn testimony in court of inquiry, record admissible in evidence, when — exception40.165Voting by members, procedure, general or special court-martial — instructions, content — exceptions — judge to rule on all questions of law40.168Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect40.170Sentence and findings announced, when40.173Record of proceedings authentication — verbatim, record not required when — copy to be furnished accused, when40.175Cruel and unusual punishment prohibited40.178Punishment, governor may prescribe limits40.180Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when40.183Sentence of confinement, where served — hard labor may be required — fee for keeping prisoner authorized40.185Sentence, convening authority may approve, suspend or commute40.190Trial record review by reviewing authority40.193Opinion on general court-martial — drafted by whom — acquittal, limitations40.195Record returned for reconsideration, when40.198Rehearing limitations — dismissal of charges, when40.200Sentence, approval by convening authority — powers40.203Review — prohibited, when — general court-martial — bad conduct discharge, special court-martial — all other special and summary courts-martial40.205Record of trial examined by judge advocate — board of review to review, when40.208Boards of review — appointment — membership — qualifications — powers and duties40.210Error of law, findings or sentence not incorrect unless prejudicial to rights of accused40.214Appeals, when — accused's right to civilian counsel provided by him or military counsel — appellate military counsel, qualifications40.216Sentence approval by governor required, when — governor's powers — sentence approval by convening authority, powers40.218Probationer, violations — hearing, rights of probationer to counsel — procedure40.220New trial, petition by accused when, grounds — time limitation40.225Sentence, unexecuted portion — powers to remit or suspend, exception — discharge or dismissal ordered by governor, when40.228Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect40.230Sentences, proceedings, findings are final, exception — appeal on questions of law to state and federal courts40.231Appeals from final decisions, how made40.234Duty status required for conviction on certain offenses40.237Principal in actions defined40.240Assists offender, how punished40.245Attempt to commit offense may be part of offense40.250Attempt to commit offense even though failing in commission is offense, when40.255Conspirators, deemed to have committed offense, when40.260Advising or soliciting — desertion — mutiny — misbehavior before a hostile force — sedition — offense performed, punishment — not performed, punishment40.265False representation to procure enlistment — appointment — separation — court-martial proceedings40.270Ineligible persons — enlisted, appointed, or separated from service, person effecting — court-martial40.273Desertion, defined — punishment by court-martial40.276Absent from place of duty — court-martial40.278Missing ship, aircraft or unit — court-martial40.280Contemptuous words, used against certain officials — court-martial40.285Disrespect to superior commissioned officer — court-martial40.290Violence or willfully disobeying command of superior commissioned officer40.295Strikes, assaults or willfully disobeys, warrant officer — noncommissioned officer — petty officer, court-martial, when40.300Orders — failure or dereliction in obeying — court-martial40.305Cruelty or maltreatment of persons subject to his orders — court-martial40.307Mutiny — sedition — attempted mutiny or sedition — failure to suppress or inform — offenses, court-martial40.310Arrest, resists or breaks — escape from confinement — court-martial40.312Escape by neglect or improper release of prisoners — court-martial40.315False apprehension, arrest, confinement — court-martial40.320Delay in case — failure to enforce regulation of proceedings — court-martial40.325Hostile force, in presence of, commits certain offenses — court-martial40.328Attempts to compel officer to surrender to enemy or to strike colors without proper authority — court-martial40.330Parole or countersign giving to person not entitled or giving improperly to entitled person — court-martial40.335Forcing a safeguard, court-martial40.340Public property, duty to secure when taken from hostile forces — failure to turn over to proper authority — court-martial40.350Hostile forces, aid — court-martial40.355Hostile forces, capture — conduct improper — court-martial40.360Signs official documents with intent to deceive — court-martial40.365Military property — sells, neglects, damages, destroys, loses — court-martial40.370Property, not military — willfully, recklessly wastes or spoils — court-martial40.375Hazarding vessels of the United States or state, causing to be hazarded — court-martial40.380Leaving post while on duty — use of drugs, drunkenness, sleeping on duty — court-martial40.385Fighting — promoting a fight or duel, failure to report — court-martial40.387Avoiding work, duty or service — court-martial40.390Riot or breach of the peace, causing or participating — court-martial40.395Provocative gestures or words, constituting a threat of violence — court-martial40.398Perjury — giving a false oath or false testimony in a matter of inquiry — court-martial40.400False claims against United States or state — forgery or counterfeiting signatures — property or money, failure to deliver with intent to defraud — court-martial40.405Larceny or wrongful appropriation of property — court-martial40.408Officer's conduct, unbecoming to an officer and a gentleman — court-martial40.410Neglecting or prejudicing discipline of the military — bringing discredit to state military services — exceptions, court-martial40.415Military property, purchasing or receiving in pawn or pledge — court-martial40.420Courts of inquiry, duties, how convened — members of court — counsel, appointment — parties to inquiry, how determined, procedure — records40.425Oaths, persons having authority to administer40.430Military justice — certain sections explained to enlisted members, when — complete text to be available on request40.435Complaints against commanding officer, procedure40.440Property of person damaged or taken, board convened to investigate, procedure40.445Processes and sentences of courts-martial executed by civil officers, fees, how paid40.450Process or mandates, authority to issue40.455Fines and costs imposed by military court, how paid40.460Civilian officers to execute required duties, failure to perform, penalty40.465Actions against convening authority or member of court, prohibited, when40.470Jurisdiction presumed, burden of proof40.475Governor's powers to delegate authority — exception40.480Purpose of military laws40.485Expenses, per diems, transportation for military personnel and civilians required to participate, how paid40.490Reemployment rights of persons ordered to active duty — attorney general to enforce rights40.495Severability of sections