48-2715. Admissibility of records of courts of inquiry. (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, may, if otherwise admissible under the rules of evidence, 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 or a military board.
History: L. 1972, ch. 203, ยง 48-2715; July 1.
Structure Kansas Statutes
Chapter 48 - Militia, Defense And Public Safety
Article 27 - Code Of Military Justice; Trial Procedure
48-2701 Governor may prescribe rules.
48-2702 (KCMJ Art. 37) Unlawfully influencing action of court.
48-2703 (KCMJ Art. 38) Duties of trial counsel and defense counsel.
48-2705 (KCMJ Art. 40) Continuances.
48-2706 (KCMJ Art. 41) Challenges.
48-2708 (KCMJ Art. 43) Statute of limitations.
48-2710 (KCMJ Art. 45) Pleas of the accused.
48-2711 (KCMJ Art. 46) Opportunity to obtain witnesses and other evidence.
48-2712 (KCMJ Art. 47) Refusal to appear or testify.
48-2714 (KCMJ Art. 49) Depositions.
48-2715 Admissibility of records of courts of inquiry.
48-2716 (KCMJ Art. 51) Voting and rulings.
48-2717 (KCMJ Art. 52) Number of votes required.