§ 12-64-523 - Convictions, sentences, etc. -- Number of votes required.
12-64-523. Convictions, sentences, etc. -- Number of votes required.
(a) No person may be convicted of an offense except by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.
(b) All sentences shall be determined by the concurrence of two-thirds (2/3) 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.
(d) (1) A tie vote on a challenge disqualifies the member challenged.
(2) 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.
(3) A tie vote on any other question is a determination in favor of the accused.