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.
Structure Kansas Statutes
Chapter 48 - Militia, Defense And Public Safety
Article 27 - Code Of Military Justice; Trial Procedure
48-2701 Governor may prescribe rules.
48-2702 (KCMJ Art. 37) Unlawfully influencing action of court.
48-2703 (KCMJ Art. 38) Duties of trial counsel and defense counsel.
48-2705 (KCMJ Art. 40) Continuances.
48-2706 (KCMJ Art. 41) Challenges.
48-2708 (KCMJ Art. 43) Statute of limitations.
48-2710 (KCMJ Art. 45) Pleas of the accused.
48-2711 (KCMJ Art. 46) Opportunity to obtain witnesses and other evidence.
48-2712 (KCMJ Art. 47) Refusal to appear or testify.
48-2714 (KCMJ Art. 49) Depositions.
48-2715 Admissibility of records of courts of inquiry.
48-2716 (KCMJ Art. 51) Voting and rulings.
48-2717 (KCMJ Art. 52) Number of votes required.