§ 30-13-54 Voting and rulings bycourt-martial. – (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, provided that, upon questions of challenge, the challenged member shallnot be entitled to vote. The junior member of the court shall in each casecount the votes. The count shall be checked by the president, who shallforthwith announce the result of the ballot to the members of the court.
(b) The law officer of a general court-martial and thepresident of a special court-martial shall rule upon interlocutory questions,other than challenge, arising during the proceedings. Any ruling made by thelaw officer of a general court-martial or by the president of a specialcourt-martial upon any interlocutory question other than a motion for a findingof not guilty, or the question of the 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 § 30-13-55, beginning with thejunior in rank.
(c) Before a vote is taken on the findings, the law officerof 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 theelements of the offense and charge the court:
(1) That the accused must be presumed to be innocent untilhis or her 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 he or she must be acquitted;
(3) That, if there is a reasonable doubt as to the degree ofguilt, the finding must be in a lower degree as to which there is no reasonabledoubt; and
(4) That the burden of proof of establishing the guilt of theaccused beyond reasonable doubt is upon the state.
§ 30-13-54 Voting and rulings bycourt-martial. – (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, provided that, upon questions of challenge, the challenged member shallnot be entitled to vote. The junior member of the court shall in each casecount the votes. The count shall be checked by the president, who shallforthwith announce the result of the ballot to the members of the court.
(b) The law officer of a general court-martial and thepresident of a special court-martial shall rule upon interlocutory questions,other than challenge, arising during the proceedings. Any ruling made by thelaw officer of a general court-martial or by the president of a specialcourt-martial upon any interlocutory question other than a motion for a findingof not guilty, or the question of the 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 § 30-13-55, beginning with thejunior in rank.
(c) Before a vote is taken on the findings, the law officerof 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 theelements of the offense and charge the court:
(1) That the accused must be presumed to be innocent untilhis or her 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 he or she must be acquitted;
(3) That, if there is a reasonable doubt as to the degree ofguilt, the finding must be in a lower degree as to which there is no reasonabledoubt; and
(4) That the burden of proof of establishing the guilt of theaccused beyond reasonable doubt is upon the state.
§ 30-13-54 Voting and rulings bycourt-martial. – (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, provided that, upon questions of challenge, the challenged member shallnot be entitled to vote. The junior member of the court shall in each casecount the votes. The count shall be checked by the president, who shallforthwith announce the result of the ballot to the members of the court.
(b) The law officer of a general court-martial and thepresident of a special court-martial shall rule upon interlocutory questions,other than challenge, arising during the proceedings. Any ruling made by thelaw officer of a general court-martial or by the president of a specialcourt-martial upon any interlocutory question other than a motion for a findingof not guilty, or the question of the 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 § 30-13-55, beginning with thejunior in rank.
(c) Before a vote is taken on the findings, the law officerof 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 theelements of the offense and charge the court:
(1) That the accused must be presumed to be innocent untilhis or her 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 he or she must be acquitted;
(3) That, if there is a reasonable doubt as to the degree ofguilt, the finding must be in a lower degree as to which there is no reasonabledoubt; and
(4) That the burden of proof of establishing the guilt of theaccused beyond reasonable doubt is upon the state.
