35.260 Number of votes required.

149 words·~1 min read·/ky/chapter-35/35-260

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)No person may be convicted of an offense except as provided in KRS 35.225(2) or

by the concurrence of two-thirds (2/3) of the members present at the time the vote is

taken.

(2)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 relating to the

question of the accused's sanity is a determination against the accused. A tie vote on

any other question shall be a determination in favor of the accused.