29B.53 - NUMBER OF VOTES REQUIRED.
29B.53 NUMBER OF VOTES REQUIRED.
1. A person shall not be convicted of an offense, except as
provided in this code by the concurrence of two-thirds of the members
present at the time the vote is taken.
2. All sentences shall be determined by the concurrence of
two-thirds of the members present at the time that 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. 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 but a determination to reconsider a finding of
guilty or to reconsider a sentence for the purpose of possible
reduction may be made by any lesser vote if the determination to
reconsider is not opposed by two-thirds of the members present. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.53; 82 Acts, ch 1042, § 33] Section History: Recent Form
2008 Acts, ch 1032, § 201