2005 West Virginia Code - §15-1E-55. — Number of votes required.

§15-1E-55. Number of votes required.

(a) No person subject to this article shall be convicted of any offense, except as provided in subsection (b), section forty-eight of this article, or by the concurrence of two thirds of the members present at the time the vote is taken.
(b) All sentences shall be determined by the concurrence of two thirds of the members present at the time the vote is taken: Provided, That whenever two thirds of the court does not consist of a integral number, the next higher number shall be construed to represent two thirds of the court.
(c) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may 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. 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.