26-1052. Number of votes required
A. A person shall not be convicted of any offense except as provided in section 26-1045 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 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 disqualifies 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 is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
Section: Previous 26-1045 26-1046 26-1047 26-1048 26-1049 26-1050 26-1051 26-1052 26-1053 26-1054 26-1055 26-1056 26-1057 26-1058 26-1059 NextLast modified: October 13, 2016