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48-2717

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

48-2717. (KCMJ Art. 52) Number of votes required.(a) No person may be convicted of an offense, except as provided inK.S.A. 48-2710 and amendments thereto or by the concurrenceof 2/3 of the members present at the time the vote is taken.

(b) All sentences shall be determined by the concurrence of 2/3of the members present at the time that the vote is taken.

(c) All other questions to be decided by the members of a generalor special court-martial shall be determined by a majority vote, but a determinationto reconsider a finding of guilty or to reconsider a sentence with a viewtoward decreasing it may be made by a lesser vote which indicates adifferent result would be obtained. A tie vote on a challenge disqualifiesthe member challenged. A tie vote on a motion for a finding of not guiltyor on a motion relating to the question of the accused's sanity is adetermination against the accused. A tie vote on any other question is adetermination in favor of the accused.

History: L. 1972, ch. 203, § 48-2717;L. 1988, ch. 191, § 34; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter48 > Article27 > Statutes_20684

48-2717

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

48-2717. (KCMJ Art. 52) Number of votes required.(a) No person may be convicted of an offense, except as provided inK.S.A. 48-2710 and amendments thereto or by the concurrenceof 2/3 of the members present at the time the vote is taken.

(b) All sentences shall be determined by the concurrence of 2/3of the members present at the time that the vote is taken.

(c) All other questions to be decided by the members of a generalor special court-martial shall be determined by a majority vote, but a determinationto reconsider a finding of guilty or to reconsider a sentence with a viewtoward decreasing it may be made by a lesser vote which indicates adifferent result would be obtained. A tie vote on a challenge disqualifiesthe member challenged. A tie vote on a motion for a finding of not guiltyor on a motion relating to the question of the accused's sanity is adetermination against the accused. A tie vote on any other question is adetermination in favor of the accused.

History: L. 1972, ch. 203, § 48-2717;L. 1988, ch. 191, § 34; July 1.

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Statutes > Kansas > Chapter48 > Article27 > Statutes_20684

48-2717

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 27.--CODE OF MILITARY JUSTICE; TRIAL PROCEDURE

48-2717. (KCMJ Art. 52) Number of votes required.(a) No person may be convicted of an offense, except as provided inK.S.A. 48-2710 and amendments thereto or by the concurrenceof 2/3 of the members present at the time the vote is taken.

(b) All sentences shall be determined by the concurrence of 2/3of the members present at the time that the vote is taken.

(c) All other questions to be decided by the members of a generalor special court-martial shall be determined by a majority vote, but a determinationto reconsider a finding of guilty or to reconsider a sentence with a viewtoward decreasing it may be made by a lesser vote which indicates adifferent result would be obtained. A tie vote on a challenge disqualifiesthe member challenged. A tie vote on a motion for a finding of not guiltyor on a motion relating to the question of the accused's sanity is adetermination against the accused. A tie vote on any other question is adetermination in favor of the accused.

History: L. 1972, ch. 203, § 48-2717;L. 1988, ch. 191, § 34; July 1.