40.168. Conviction to be by concurrence, exception--general court-martial majority, when--tie vote on challenge, effect. - Missouri Statutes

Conviction to be by concurrence, exception--general court-martialmajority, when--tie vote on challenge, effect.

40.168. 1. No person may be convicted of an offense, exceptby the concurrence of all of the members present at the time thevote is taken unless such person enters a guilty plea.

2. All sentences shall be determined by the concurrence ofall of the members present at the time that the vote is taken.

3. All other questions to be decided by the members of ageneral court-martial shall be determined by a majority vote, buta determination to reconsider a finding of guilty or toreconsider a sentence with a view toward decreasing it may bemade by a lesser vote which indicates a different result would beobtained. A tie vote on a challenge disqualifies the memberchallenged.

(L. 1984 H.B. 1035 § 53)