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  40.168.  Conviction to be by concurrence, exception — general court-martial majority, when — tie vote on challenge, effect. — 1.  No person may be convicted of an offense, except by the concurrence of all of the members present at the time the vote is taken unless such person enters a guilty plea.

  2.  All sentences shall be determined by the concurrence of all 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 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.


(L. 1984 H.B. 1035 § 53)

< end of effective 28 Aug 1984 >

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