Section 38-2-392. Who may convene summary courts-martial

   (a) Summary courts-martial may be convened by:

   (1) Any person who may convene a general or special court-martial;

   (2) The commanding officer of a detached or separate company or corresponding unit or other detachment of a force of the organized militia; or

   (3) The commanding officer or officer in charge of any other command when empowered by the adjutant general.

(b) When only one officer is present with a command or detachment, he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. However, summary courts-martial may be convened in any case by superior competent authority when deemed desirable by him.

Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1201; Ga. L. 1951, p. 311, § 23; Ga. L. 1955, p. 10, § 60.24.