Sec. 432.077. NUMBER OF VOTES REQUIRED. (a) A person may be convicted of an offense only by the concurrence of two-thirds of the members present when the vote is taken.
(b) All sentences shall be determined by the concurrence of two-thirds of the members present at the time 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. A tie vote on a challenge disqualifies the member challenged, but a determination to reconsider a finding of guilty or to reconsider a sentence for the purpose of reducing it may be made by a lesser vote that 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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Structure Texas Statutes
Subtitle C - State Military Forces and Veterans
Chapter 432 - Texas Code of Military Justice
Section 432.062. Unlawfully Influencing Action of Court
Section 432.063. Duties of Trial Counsel and Defense Counsel
Section 432.069. Former Jeopardy
Section 432.070. Pleas of Accused
Section 432.071. Opportunity to Obtain Witnesses and Other Evidence
Section 432.072. Refusal to Appear or Testify
Section 432.075. Admissibility of Records of Courts of Inquiry
Section 432.076. Voting and Rulings
Section 432.077. Number of Votes Required