{"data":{"id":"us-ga/o.c.g.a.-38-2-1052","jurisdiction":"us-ga","citation":"O.C.G.A. § 38-2-1052","heading":"Number of votes required for conviction.","body":"(a) No person shall be convicted of an offense, except:\n(1) As provided in Code Section 38-2-1045;\n(2) By the vote of two-thirds of the members;\n(3) By a summary court-martial officer; or\n(4) If a court-martial is composed of a military judge only, by decision of the military judge.\n(b) If two-thirds of the members of a court-martial composed of members do not vote for a conviction, the accused shall be acquitted.\n(c) (1) All questions other than the questions provided for under subsections (a) and (b) of this Code section to be decided by the members of a general or special court-martial shall be determined by a majority vote; provided, however, that a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, shall 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.\n(2) A tie vote on a challenge shall disqualify the member challenged.\n(3) A tie vote on a motion relating to the question of the sanity of the accused shall be a determination against the accused.\n(4) A tie vote on a question other than the questions provided for under paragraphs (2) and (3) of this subsection shall be a determination in favor of the accused.","path":["TITLE 38 Military, Emergency Management, and Veterans Affairs","CHAPTER 2 Military Affairs","Article 5 Code of Military Justice","PART 7 Trial Procedures"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.38.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"336d31db35a0ebcd4b3b0083426ec80ee7d0f8cbc9a43031f72ee101d5fed0e6","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-38-2-1051","next":"us-ga/o.c.g.a.-38-2-1053"},"notice":"GroundRules: Original legal text. Not legal advice."}