Section 38-2-445. Admissibility of records of courts of inquiry

   (a) In any case not extending to the dismissal of an officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read into evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of the evidence.

(b) The testimony may be read into evidence only by the defense in cases extending to the dismissal of an officer.

(c) The testimony may also be read into evidence before a court of inquiry or a military board.

Ga. L. 1955, p. 10, § 60.50.