(2) All sentences shall be determined by the concurrence of two-thirds 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 or special court-martial shall be determined by a majority vote. However, 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. [1961 c.454 §131; 1985 c.682 §36; 2013 c.81 §14]
Structure 2021 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 398 - Military Justice
Section 398.002 - Definitions for this chapter and ORS 396.120, 396.145, 399.205 and 399.515.
Section 398.004 - Persons subject to Oregon Code of Military Justice.
Section 398.006 - Jurisdiction to try certain personnel.
Section 398.010 - Territorial applicability of Oregon Code of Military Justice.
Section 398.012 - Judge advocates; legal assistants.
Section 398.014 - Presentment of Class A felony charges to civilian authority.
Section 398.060 - Place of confinement.
Section 398.120 - Application for commutation or pardon.
Section 398.216 - Statute of limitation.
Section 398.224 - Refusal to appear or testify.
Section 398.234 - Number of votes required.