38-2-1052. Number of votes required for conviction.

No person shall be convicted of an offense, except:#

1. (1)

   As provided in Code Section 38-2-1045;#

2. (2)

   By the vote of two-thirds of the members;#

3. (3)

   By a summary court-martial officer; or#

4. (4)

   If a court-martial is composed of a military judge only, by decision of the military judge.#

If two-thirds of the members of a court-martial composed of members do not vote for a conviction, the accused shall be acquitted.#

1. (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. (2)

   A tie vote on a challenge shall disqualify the member challenged.#

3. (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. (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.#