Mass. Gen. Laws ch. 33A, § 52: Number of votes required

Article 52. Number of votes required.

(a) No person may be convicted of an offense except as provided in subsection (b) of article 45 or by the concurrence of all 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 that 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 in favor of the accused. A tie vote on any other question is a determination in favor of the accused.