Mo. Rev. Stat. § 40.195
This is the official text of Mo. Rev. Stat. § 40.195, part of Missouri’s Rev. Stat — part of the compiled statutory law of Missouri, published by the state as "Rev. Stat." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
40.195 Record returned for reconsideration, when.
Official statutory text
40.195. Record returned for reconsideration, when. — 1. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
2. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(1) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;
(2) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of sections 40.005 to 40.490 ; or
(3) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
(L. 1984 H.B. 1035 § 63)
2. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(1) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;
(2) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of sections 40.005 to 40.490 ; or
(3) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
(L. 1984 H.B. 1035 § 63)
Status: in_force · Read it on the official government site
Need a lawyer in Missouri?
Find a Missouri lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.