West Virginia Code § 15-1E-52

Number of votes required
Open in Lexace · Ask the AI about this section
(a) No person may be convicted of an offense except as provided in section forty-two of this
article or by the concurrence of two thirds of the members present at the time the vote is
taken.
(b) 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 disqualifieus 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 is a dettermination in favor of the
accused.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.