(a) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
(b) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(c) Such testimony may also be read in evidence before a court of inquiry.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Chapter 2A - Military Justice.
Section 31-2A-36 - (Article 36.) Governor or the Adjutant General May Prescribe Rules
Section 31-2A-37 - (Article 37.) Unlawfully Influencing Action of Court.
Section 31-2A-38 - (Article 38.) Duties of Trial Counsel and Defense Counsel.
Section 31-2A-39 - (Article 39.) Sessions.
Section 31-2A-40 - (Article 40.) Continuances.
Section 31-2A-41 - (Article 41.) Challenges.
Section 31-2A-42 - (Article 42.) Oaths or Affirmations.
Section 31-2A-43 - (Article 43.) Statute of Limitations.
Section 31-2A-44 - (Article 44.) Former Jeopardy.
Section 31-2A-45 - (Article 45.) Pleas of the Accused.
Section 31-2A-46 - (Article 46.) Opportunity to Obtain Witnesses and Other Evidence; Subpoena.
Section 31-2A-47 - (Article 47.) Refusal to Appear or Testify.
Section 31-2A-48 - (Article 48.) Contempt.
Section 31-2A-49 - (Article 49.) Depositions.
Section 31-2A-50 - (Article 50.) Admissibility of Records of Courts of Inquiry.
Section 31-2A-50a - (Article 50a.) Defense of Lack of Mental Responsibility.
Section 31-2A-51 - (Article 51.) Voting and Rulings.
Section 31-2A-52 - (Article 52.) Number of Votes Required.