Current with legislation from 2024 Fiscal and Special Sessions.
Section 12-64-523 - Convictions, sentences, etc. - Number of votes required(a) No person may be convicted of an offense except by the concurrence of three-fourths (3/4) of the members present at the time the vote is taken.(b) All sentences shall be determined by the concurrence of three-fourths (3/4) 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.Amended by Act 2019, No. 211,§ 17, eff. 2/26/2019.Acts 1969, No. 50, § 98; A.S.A. 1947, § 11-653.