---
title: O.C.G.A. § 38-2-1052. Number of votes required for conviction.
collection: code
id: 38-2-1052
cite_as: O.C.G.A. § 38-2-1052 (2025)
canonical_url: https://georgiacommons.org/code/38-2-1052
md_url: https://georgiacommons.org/code/38-2-1052.md
text_url: https://georgiacommons.org/code/38-2-1052/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=482
date: 2025
status: active
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / CODE OF MILITARY JUSTICE / TRIAL PROCEDURES
---

# O.C.G.A. § 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.

## History

Code 1981, § 38-2-1052, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

## U.s. Code.

For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 852.