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Utah Code
2021 Utah Code
Title 39 - Militia and Armories
Chapter 6 - Utah Code of Military Justice
Section 45 - Vote necessary for conviction or other questions -- Tie vote.
Universal Citation:
UT Code § 39-6-45 (2021)
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39-6-45. Vote necessary for conviction or other questions -- Tie vote.
Amended by Chapter 15, 1989 General Session
- (1) A person may not be convicted of any offense except by a unanimous verdict of the members of the court present at the time the vote is taken.
- (2)
- (a) All other questions decided by the members of a military court are determined by a majority vote. However, a determination to reconsider a finding of guilty, to reconsider a sentence, or to decrease 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.
- (b) 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.
Amended by Chapter 15, 1989 General Session
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