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2016 Statute



Prev Article 27. - CODE OF MILITARY JUSTICE; TRIAL PROCEDURENext


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.

History: L. 1972, ch. 203, § 48-2717; L. 1988, ch. 191, § 34; July 1.



Prev Article 27. - CODE OF MILITARY JUSTICE; TRIAL PROCEDURENext
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