Idaho State Statutes - Idaho Attorney Directory

REFERENCE FOR TRIAL -- CHANGING THE CHARGE TO CONFORM TO
EVIDENCE OR CORRECT DEFECTS. (1) The convening authority may not refer any
charge to a court-martial for trial unless an investigating officer properly
appointed pursuant to section 46-1120, Idaho Code, has found that the charge
alleges an offense under this code and is warranted by evidence indicated in
the report of the investigation.
(2) If the charges or specifications are not formally correct or do not
conform to the substance of the evidence contained in the report of the
investigating officer, formal corrections and changes in the charges and
specifications needed to make them conform to the evidence may be made.

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