Section 130.52. Number of votes required  


Latest version.
  • (a) No person shall be convicted
      of any offense, except as provided in subdivision (b) of section  130.45
      of  this  chapter,  or  by  the concurrence of two-thirds of the members
      present at the time the vote is taken.
        (b) All sentences shall be determined by the concurrence of two-thirds
      of the members present at the time that the vote is taken.
        (c) All other questions to be decided by the members of a  general  or
      special  court-martial  shall  be  determined  by a majority vote, but a
      determination to reconsider a finding  of  guilty  or  to  reconsider  a
      sentence,  with  a  view toward decreasing it, may be made by any lesser
      vote which indicates that the reconsideration  is  not  opposed  by  the
      number  of votes required for that finding or sentence.  A tie vote on a
      challenge shall disqualify the member challenged.    A  tie  vote  on  a
      motion  for  a  finding  of  not  guilty  or on a motion relating to the
      question of the accused's sanity shall be a  determination  against  the
      accused.    A tie vote on any other question shall be a determination in
      favor of the accused.