46-1139. Voting and rulings. (1) Voting by members of a general or special court-martial 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.
(2) The military judge shall rule upon all questions of law and all interlocutory questions. Such ruling made by the military judge upon any question of law or any interlocutory question, other than the factual issue of mental responsibility of the accused, is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial.
(3) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(a) That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond a reasonable doubt;
(b) 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 he must be acquitted; and
(c) That the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the state.
(4) Subsections (1), (2), and (3) of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and in addition shall, on request, find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
46-1139. Voting and rulings. (1) Voting by members of a general or special court-martial 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.
(2) The military judge shall rule upon all questions of law and all interlocutory questions. Such ruling made by the military judge upon any question of law or any interlocutory question, other than the factual issue of mental responsibility of the accused, is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial.
(3) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(a) That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond a reasonable doubt;
(b) 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 he must be acquitted; and
(c) That the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the state.
(4) Subsections (1), (2), and (3) of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and in addition shall, on request, find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
46-1139. Voting and rulings. (1) Voting by members of a general or special court-martial 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.
(2) The military judge shall rule upon all questions of law and all interlocutory questions. Such ruling made by the military judge upon any question of law or any interlocutory question, other than the factual issue of mental responsibility of the accused, is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial.
(3) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(a) That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond a reasonable doubt;
(b) 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 he must be acquitted; and
(c) That the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the state.
(4) Subsections (1), (2), and (3) of this section do not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and in addition shall, on request, find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
