South Dakota § 33-10-155 Number of votes required.

South Dakota Statutes

§ 33-10-155 — Number of votes required.

South Dakota § 33-10-155

Title 33MILITARY AFFAIRS

Ch. 33-7UNIFORM STATE CODE OF MILITARY JUSTICE

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Bluebook

S.D. Codified Laws § 33-10-155 (2026).

Text

No person may be convicted of an offense except as provided in § 33-10-136 or by the concurrence of two-thirds of the members present at the time the vote is taken. 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 is a determination in favor of the 

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No person may be convicted of an offense except as provided in § 33-10-136 or by the concurrence of two-thirds of the members present at the time the vote is taken. 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 is a determination in favor of the accused.