Current through 2023-2024 Legislative Session Chapter 709
Section 38-2-1052 - Number of votes required for conviction(a) No person shall be convicted of an offense, except: (1) As provided in Code Section 38-2-1045;(2) By the vote of two-thirds of the members;(3) By a summary court-martial officer; or(4) If a court-martial is composed of a military judge only, by decision of the military judge.(b) If two-thirds of the members of a court-martial composed of members do not vote for a conviction, the accused shall be acquitted.(c)(1) All questions other than the questions provided for under subsections (a) and (b) of this Code section to be decided by the members of a general or special court-martial shall be determined by a majority vote; provided, however, that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, shall 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.(2) A tie vote on a challenge shall disqualify the member challenged.(3) A tie vote on a motion relating to the question of the sanity of the accused shall be a determination against the accused.(4) A tie vote on a question other than the questions provided for under paragraphs (2) and (3) of this subsection shall be a determination in favor of the accused.Added by 2015 Ga. Laws 99,§ 1, eff. 7/1/2015.