2011 Oregon Revised Statutes
ORS Volume 10, Chapters 366 - 430
ORS Chapter 398
398.234 Number of votes required.
(1) No person may be convicted of an offense, except 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. However, 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. [1961 c.454 131; 1985 c.682 36]
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