(b) All persons discharged from the organized militia subsequently charged with having fraudulently obtained said discharge shall, subject to the provisions of section 130.43, be subject to trial by court-martial on said charge and after apprehension, shall be subject to this code. Upon conviction of said charge they shall be subject to trial by court-martial for all offenses under this code committed prior to the fraudulent discharge.
(c) Any person who has deserted from the organized militia shall not be relieved from amenability to the jurisdiction of this code by virtue of a separation from any subsequent period of service.
(d) In the case of persons charged with absence without leave under section 130.82 of this article, in personam jurisdiction of special courts-martial with powers to adjudge a bad-conduct discharge can be obtained over such persons by any method of personal service sufficient for personal jurisdiction under the provisions of section three hundred eight of the civil practice law and rules; provided that diligent efforts have been made to deliver the charges to such persons. In all cases where personal jurisdiction is obtained by service in accordance with the provisions of this section, the special courts-martial shall not have the power to adjudge confinement.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.