39-6-45 - Vote necessary for conviction or other questions -- Tie vote. - Utah Statutes

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Statutes > Utah > Title-39 > Chapter-06 > 39-6-45

39-6-45. Vote necessary for conviction or other questions -- Tie vote.
(1) A person may not be convicted of any offense except by a unanimous verdict of themembers of the court present at the time the vote is taken.
(2) (a) All other questions decided by the members of a military court are determined bya majority vote. However, a determination to reconsider a finding of guilty, to reconsider asentence, or to decrease it, may be made by any lesser vote which indicates that thereconsideration is not opposed by the number of votes required for that finding or sentence.
(b) A tie vote on a challenge disqualifies the member challenged. A tie vote on a motionfor a finding of not guilty or 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 a determination in favor ofthe accused.

Amended by Chapter 15, 1989 General Session

State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-06 > 39-6-45

39-6-45. Vote necessary for conviction or other questions -- Tie vote.
(1) A person may not be convicted of any offense except by a unanimous verdict of themembers of the court present at the time the vote is taken.
(2) (a) All other questions decided by the members of a military court are determined bya majority vote. However, a determination to reconsider a finding of guilty, to reconsider asentence, or to decrease it, may be made by any lesser vote which indicates that thereconsideration is not opposed by the number of votes required for that finding or sentence.
(b) A tie vote on a challenge disqualifies the member challenged. A tie vote on a motionfor a finding of not guilty or 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 a determination in favor ofthe accused.

Amended by Chapter 15, 1989 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-39 > Chapter-06 > 39-6-45

39-6-45. Vote necessary for conviction or other questions -- Tie vote.
(1) A person may not be convicted of any offense except by a unanimous verdict of themembers of the court present at the time the vote is taken.
(2) (a) All other questions decided by the members of a military court are determined bya majority vote. However, a determination to reconsider a finding of guilty, to reconsider asentence, or to decrease it, may be made by any lesser vote which indicates that thereconsideration is not opposed by the number of votes required for that finding or sentence.
(b) A tie vote on a challenge disqualifies the member challenged. A tie vote on a motionfor a finding of not guilty or 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 a determination in favor ofthe accused.

Amended by Chapter 15, 1989 General Session