2012 Kansas Statutes
Chapter 48 MILITIA, DEFENSE AND PUBLIC SAFETY
Article 27 CODE OF MILITARY JUSTICE; TRIAL PROCEDURE
Section 48-2717 (KCMJ Art. 52) Number of votes required.
48-2717. (KCMJ Art. 52) Number of votes required. (a) No person may be convicted of an offense, except as provided in K.S.A. 48-2710 and amendments thereto or by the concurrence of 2/3 of the members present at the time the vote is taken.
(b) All sentences shall be determined by the concurrence of 2/3 of the members present at the time that the vote is taken.
(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 a lesser vote which indicates a different result would be obtained. 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.
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