5-5-421. Two-thirds vote necessary to conviction. The defendant cannot be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a conviction, the defendant must be acquitted.
History: En. Sec. 1511, Pen. C. 1895; re-en. Sec. 8983, Rev. C. 1907; re-en. Sec. 11679, R.C.M. 1921; Cal. Pen. C. Sec. 746; re-en. Sec. 11679, R.C.M. 1935; Sec. 94-5412, R.C.M. 1947; redes. 95-2812 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2812; amd. Sec. 241, Ch. 61, L. 2007.
Structure Montana Code Annotated
Chapter 5. Legislative Procedures
5-5-401. Officers liable to impeachment
5-5-402. Sole power of impeachment
5-5-403. Trial of impeachments
5-5-404. Officers of the court
5-5-405. through 5-5-410 reserved
5-5-411. Articles of impeachment
5-5-412. Delivery of articles to senate
5-5-413. Suspension pending trial -- filling vacancy
5-5-414. Time of hearing -- service of defendant
5-5-417. Proceedings on failure to appear
5-5-418. Counsel may be appointed
5-5-419. Defendant's objection or answer
5-5-420. Overrule of objection -- defendant's plea
5-5-421. Two-thirds vote necessary to conviction
5-5-422. Judgment on conviction -- how pronounced
5-5-423. Judgment on conviction -- how finalized
5-5-424. through 5-5-430 reserved