Oregon Statutes 398.234 – Number of votes required
(1) No person may be convicted of an offense, except by the concurrence of two-thirds of the members of a general or special court-martial present at the time the vote on the findings and on the sentence of a court-martial is taken.
Terms Used In Oregon Statutes 398.234
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.
(3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. However, 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. [1961 c.454 § 131; 1985 c.682 § 36; 2013 c.81 § 14]
[1961 c.454 § 132; repealed by 2013 c.81 § 20]
[1961 c.454 § 133; 1975 c.719 § 28; 1985 c.682 § 37; repealed by 2013 c.81 § 20]