Sec. 52.
(1) A person shall not be convicted of an offense, except by the concurrence of 2/3 of the members present at the time the vote is taken.
(2) Each sentence shall be determined by the concurrence of 2/3 of the members present at the time that the vote is taken.
(3) Any other question to be decided by the members of a general or special court-martial shall be determined by a majority vote, but the determination to reconsider a finding of guilty or reconsider a sentence, to decrease or lessen the sentence, may be made by a 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 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: 1980, Act 523, Eff. Mar. 31, 1981
Structure Michigan Compiled Laws
Chapter 32 - Military Establishment
Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148)
Article 7 - (32.1036...32.1054)
Section 32.1040 - Continuances.
Section 32.1041 - Challenges for Cause and Peremptory Challenges.
Section 32.1043 - Trial and Punishment; Limitations; Computation of Time Period.
Section 32.1044 - Trial of Accused Twice for Same Offense Prohibited.
Section 32.1048 - Military Court; Contempt Power; Punishment.
Section 32.1049 - Depositions.
Section 32.1050a - Lack of Mental Responsibility as Affirmative Defense.
Section 32.1053 - Announcement by Court-Martial of Findings and Sentence.