5717 - Number of votes required. - Pennsylvania Statutes

§ 5717. Number of votes required. (a) Conviction.--No person subject to this part shall be convicted of any offense, except as provided in section 5710(b) (relating to pleas of the accused) or by the concurrence of two- thirds of the members present at the time the vote is taken. (b) Sentence.--All sentences shall be determined by the concurrence of two-thirds of the members present at the time the vote is taken. (c) Other questions.--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 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. Cross References. Section 5717 is referred to in section 5716 of this title.