1997 Minnesota Statutes

     192A.28 Number of votes required. 

    Subdivision 1.  No person may be convicted of an offense 
 except as provided in section 192A.245, subdivision 2, or by the 
 concurrence of two-thirds of the members present at the time the 
 vote is taken. 

    Subd. 2.  All sentences shall be determined by the 
 concurrence of two-thirds of the members present at the time 
 that the vote is taken. 

    Subd. 3.  All other questions to be decided by the members 
 of a general or special court-martial shall be determined by a 
 majority vote, but a determination to reconsider a finding of 
 guilty or to reconsider a sentence, with a view toward 
 decreasing it, may be made by any 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 
 challenge disqualifies the member challenged.  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. 

    HIST: 1963 c 661 s 192A.28; 1978 c 552 s 32