[§124A-76]  Voting and rulings.  (a) Voting by members of a general or special court-martial upon questions ofchallenge, on the findings, and on the sentence shall be by secret writtenballot.  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 theresult of the ballot to the members of the court.

(b)  The law officer of a general court-martialand the president of a special court-martial shall rule upon interlocutoryquestions, other than challenge, arising during the proceedings.  Any suchruling made by the law officer of a general court-martial or by the presidentof a special court-martial upon any interlocutory questions other than a motionfor a finding of not guilty, or the question of accused's sanity, is final andconstitutes the ruling of the court.  However, the law officer or president maychange the ruling at any time during the trial except a ruling on a motion fora finding of not guilty that was granted.  Unless the ruling is final, if anymember objects thereto, the court shall be cleared and closed and the questiondecided by a voice vote as provided in section 124A-77 beginning with thejunior in rank.

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

(1)  That the accused must be presumed to be innocentuntil the accused's guilt is established by legal and competent evidence beyondreasonable doubt;

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

(3)  That, if there is a reasonable doubt as to thedegree of guilt, the finding must be in a lower degree as to which there is noreasonable doubt; and

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