[§124A-76]  Voting and rulings.  (a) 
Voting by members of a general or special court-martial upon questions of
challenge, on the findings, and on the sentence shall be by secret written
ballot.  The junior member of the court shall in each case count the votes. 
The count shall be checked by the president, who shall forthwith announce the
result of the ballot to the members of the court.



(b)  The law officer of a general court-martial
and the president of a special court-martial shall rule upon interlocutory
questions, other than challenge, arising during the proceedings.  Any such
ruling made by the law officer of a general court-martial or by the president
of a special court-martial upon any interlocutory questions other than a motion
for a finding of not guilty, or the question of accused's sanity, is final and
constitutes the ruling of the court.  However, the law officer or president may
change the ruling at any time during the trial except a ruling on a motion for
a finding of not guilty that was granted.  Unless the ruling is final, if any
member objects thereto, the court shall be cleared and closed and the question
decided by a voice vote as provided in section 124A-77 beginning with the
junior in rank.



(c)  Before a vote is taken on the findings,
the law officer of a general court-martial and the president of a special
court-martial shall, in the presence of the accused and counsel, instruct the
court as to the elements of the offense and charge the court:



(1)  That the accused must be presumed to be innocent
until the accused's guilt is established by legal and competent evidence beyond
reasonable doubt;



(2)  That in the case being considered, if there is a
reasonable doubt as to the guilt of the accused, the doubt must be resolved in
favor of the accused and the accused must be acquitted;



(3)  That, if there is a reasonable doubt as to the
degree of guilt, the finding must be in a lower degree as to which there is no
reasonable doubt; and



(4)  That the burden of proof of establishing the
guilt of the accused beyond reasonable doubt is upon the State. [L 1982, c 171,
pt of §2; gen ch 1985]