33-13-333 - Number of votes required.
§ 33-13-333. Number of votes required.
(1) 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.
(2) All sentences shall be determined by the concurrence of two-thirds (2/3) of the members present at the time the vote is taken.
(3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged, but a determination 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 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.
Sources: Codes, 1942, § 8529-53; Laws, 1966, ch. 538, § 53; Laws, 1981, ch. 362, § 55, eff from and after July 1, 1981.