Section 130.34. Advice of staff judge advocate and reference for trial  


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  • (a)
      Before  directing  the trial of any charge by general court-martial, the
      convening authority shall refer it  to  the  state  judge  advocate  for
      consideration  and  advice.  The  convening  authority shall not refer a
      charge to a general court-martial for trial unless he has found that the
      charge alleges an offense under this code and is warranted  by  evidence
      indicated in the report of investigation.
        (b)  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 such changes in the
      charges and specifications as are needed to make  them  conform  to  the
      evidence may be made.