Section 38-2-323. Jurisdiction to try certain personnel

   (a) Subject to Code Section 38-2-437, no person charged with having committed, while in a status in which he was subject to this article, an offense against this article, for which the person cannot be tried in the courts of a state of the United States or in the courts of the United States, shall be relieved from amenability to trial by court-martial by reason of the termination of such status.

(b) Notwithstanding subsection (a) of this Code section, but subject to subsections (c) and (d) of this Code section, a person who has been finally discharged from the organized militia, the state reserve list, or the state retired list is no longer amenable to trial by court-martial.

(c) Any person discharged from the organized militia and subsequently charged with having fraudulently obtained the discharge shall, subject to Code Section 38-2-437, be subject to trial by court-martial on the charge and, after apprehension, shall be subject to this article. Upon conviction of the charge he shall be subject to trial by court-martial for all offenses under this article committed prior to the fraudulent discharge.

(d) No person who has deserted from the organized militia shall be relieved from amenability to the jurisdiction of this article by virtue of a separation from any subsequent period of service.

Ga. L. 1955, p. 10, § 60.3.